How To Determine If You’re Ready To Veterans Disability Case


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Veterans Disability Litigation

Ken advises veterans of the military to assist them in getting the disability compensation they are entitled to. Ken also represents his clients in VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans by discriminating against their disability claims.

What is what is VA disability?

The amount of monetary compensation per month provided to lakeway veterans disability lawyer suffering from disabilities resulting from service is based on their disability rating. This rating is determined by the severity of the injury or illness and can vary between zero and 100% in increments of 10% (e.g. 20 percent, 30 percent, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their family.

The VA also has other programs that provide additional compensation such as individual unemployment, car allowance, vimeo.Com clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credits they can use to boost their lifetime earnings so that they can be eligible for disability or retirement benefits. These credits are referred to as “credit for service.”

Many of the conditions that make an individual for disability compensation are mentioned in the Code of Federal Regulations. Certain of these conditions, however require an expert’s advice. A seasoned lawyer with experience can assist a client in obtaining this opinion and present the evidence required to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits that they are entitled to. We have handled hundreds of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans rights a key part of his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

The first step is to track down the medical evidence supporting their disability. This includes X-rays and doctor’s reports, as well with any other documentation that is related to the veteran’s condition. It is essential to submit these records to VA. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intention to file. This form lets the VA to review your claim before you have the necessary information and medical records. It also ensures that you have an effective date for receiving compensation in the event that you win your case.

The VA will schedule your exam after all the information has been received. The VA will schedule an exam in accordance with the amount of disabilities you have and the type of disability you’re claiming. Make sure you attend this test, because in the event you fail to take it, it could delay your claim.

Once the tests are complete, the VA will examine the evidence and then send you a decision package. If the VA refuses to accept the claim you will have one year to request a higher-level review.

A lawyer can be of assistance at this point. Accredited lawyers from VA can be involved in the appeals from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a frustrating experience. The VA offers an appeals procedure for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you should tell the VA why you disagree with their decision. You don’t have to list all of the reasons but you should list everything that you disagree on.

You must also request a C-file or claims file to determine the evidence that the VA used to make their decision. Often times there are no or incomplete records. In certain cases this could lead to an error in the rating decision.

After you have submitted your NOD, you will be asked if you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you’ll be more likely to have success when you opt for a DRO review than with the BVA.

You can request a private hearing with a senior rating expert through an DRO review. The DRO will examine your claim “de novo” which means that they will not defer to the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the time lengthy appeals procedure and typically can take between one and three years for an updated decision.

What is the cost an attorney could charge?

Lawyers can charge a fee for helping appeal the VA decision regarding the basis of disability. However, current law prevents lawyers from charging fees to assist when submitting a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case or having your benefits increased through an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans can search the VA’s database of lawyers accredited to practice or claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent veterans, service members or their dependents on a range of issues such as disability compensation and pension claims.

Most veterans’ disability advocates operate on a contingent basis. This means that they are only paid if they prevail in the appeal of the client and get back payment from the VA. The amount of backpay that is paid can vary but can be as high as 20 percent of a claimant’s past due benefits.

In rare instances, an agent or attorney may decide to charge on an an hourly basis. This is uncommon due to two reasons. These issues can take a long time to be resolved. Second, most veterans and their families are unable to afford to pay for these services on an hourly basis.

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