How Veterans Disability Case Changed My Life For The Better

Veterans Disability Litigation

Ken assists veterans in navigating the system to help them obtain the disability compensation they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by generally denying their disability claims according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The amount of monetary compensation per month paid to veterans with service-related disabilities is determined on their disability rating. The rating is based on the severity of an injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20% 30%, 20 percent, etc.). The amount is devoid of tax and provides a basic source of income to the disabled veteran and his family.

VA provides additional compensation through other programs, for example individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, Marysville Veterans Disability Lawyer as well as hospitalization allowances. These are in addition to basic disability compensation.

In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for retirement or disability benefits. These extra credits are known as "credit for service."

A majority of the conditions that qualify dardenne prairie veterans disability law firm for disability compensation are listed in the Code of Federal Regulations. However, certain conditions require an expert's advice. An experienced lawyer can help a customer obtain this opinion, and provide the evidence required to support an claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled hundreds of disability cases and are knowledgeable in the complex nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans rights a top priority in his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first gather the medical evidence to prove their impairment. This includes any X-rays, doctor's reports, or other documents regarding their condition. Giving these records to VA is vital. If a veteran does not have these documents then the VA should be notified by the applicant (or their VSO).

The next step is the filing of an intention to file. This is a form that permits the VA to begin reviewing your claim even before you have all the information and medical records that you require. It also protects your date of effective for benefits in the event that you win your case.

The VA will schedule your appointment when all information is received. The VA will schedule the exam according to the number of disabilities and the type you claim. Make sure you take this test, because should you miss it the exam could delay your claim.

After the examinations have been completed after which after the examinations are completed, VA will review the evidence and send you a confirmation packet. If the VA decides to deny the claim, you have a year to request a higher level review.

A lawyer can help you at this point. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is an enormous benefit to those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a gruelling experience. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your notice of disagreement, you have to tell the VA why you are not happy with their decision. It is not necessary to list all the reasons but you should list everything that you disagree on.

It's also crucial to request your C-file (claims file) to see the evidence that the VA used to make their decision. Most of the time, there are missing or insufficient records. In some cases this could lead to an error in the rating decision.

When you file your NOD, you must decide whether you prefer to have your situation reviewed by a Decision-Review Officer or Carpentersville veterans disability lawsuit by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO reviews your case than if it's viewed by the BVA.

With an DRO review you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will examine your claim "de novo" which means they will not accept the previous decision. This usually results in a new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the most time demanding appeals process and usually takes one to three years to obtain a new decision.

What is the average cost a lawyer can charge?

Lawyers can charge a fee to help appeal a VA decision on the basis of disability. However, the law currently prohibits lawyers from charging for initial assistance in the case. This is because the fee has to be dependent on the lawyer winning your case or getting your benefits increased by an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database for accredited attorneys or claims representatives. They have been vetted by the Department of Springville veterans disability lawyer (vimeo.com) Affairs to represent veterans, service members or their dependents in a range of issues such as disability compensation and pension claims.

Most veterans' disability advocates work on a contingency. They only receive compensation when they are successful in defending their client's case, and they receive back pay from VA. The amount of backpay that is paid can vary but it could be as high as 20 percent of the claimant's past-due benefits.

In rare cases an attorney or agent might decide to charge an hourly fee. This is not common for two reasons. First, these issues tend to be time-consuming and can take months or even years. Second, most veterans and their families are unable to afford to pay for these services on an hourly basis.