The Reasons Veterans Disability Case Is Everywhere This Year

Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in getting the disability compensation they are entitled to. He also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of montebello veterans disability attorney Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims, according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with disabilities that are related to service. The rating is based on the severity of an injury or illness and may range between 0% and 100% in increments of 10 percent (e.g. 20%, 30%, etc.). The amount is devoid of tax and provides a basic source of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation such as individual unemployment, car allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.

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

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. However, certain conditions require an expert's opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the proof needed to support a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to ensuring that our clients receive the disability benefits they are entitled to. We have handled a variety of disability cases and are well-versed with the intricacies of VA regulations and laws. Our firm was established in 1996 by a disabled vet who after securing his own representation at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.

How do I make a claim?

Veterans must first locate the medical evidence to prove their disability. This could include X-rays, doctor's notes, as well with any other documentation that is related to the condition of the veteran. Giving these records to VA is essential. If a veteran doesn't have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to fill out an intent to file. This form allows the VA to review your claim before you have the needed information and medical records. The form also keeps the date of effective compensation benefits in case you have a successful case.

When all the data is submitted when all the information is in, the VA will arrange an examination for you. The VA will schedule the exam based on the number of disabilities and the type you claim. In the event that you do not attend this exam, it could delay the processing of your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA denies the claim, you'll have a year to request a higher-level review.

A lawyer can help you in this situation. VA-accredited lawyers are now involved in the appeals right from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a difficult experience. Thankfully the VA has an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you should state to the VA the reasons why you did not agree with their decision. You don't need to list every reason but you should include 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. There are often incomplete or missing records. In some instances this could lead to an error in the rating decision.

When you file your NOD, you'll be asked to decide if you would like your case reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success if the DRO reviews your case than if it's reviewed by the BVA.

You can request a personal hearing with an expert in senior ratings through an DRO review. The DRO will conduct a review of your claim on an "de de novo" basis, which means they don't give deference the previous decision. This typically results in a completely new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the most lengthy appeals procedure and can take up to three years for an appeal to be heard.

How much can a lawyer charge?

A lawyer can charge a fee for assisting you appeal an VA disability decision. However, the law currently prohibits lawyers from charging for initial assistance in the case. This is due to the fact that the fee has to be contingent upon the lawyer winning your case, or getting your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans can search the VA's database of accredited attorneys or claim agents to find accredited representatives. These individuals have been certified by the Department of Schertz veterans disability lawyer Affairs to represent veterans, service members, dependents, or survivors in a variety of issues including pension and disability compensation claims.

Most veterans' disability advocates work on a contingency basis. This means that they only get paid if they prevail in the appeal of the client and receive back payment from the VA. The amount of backpay that is granted can differ, but it can be as high as 20 percent of a claimant's past-due benefits.

In rare cases an attorney or agent may decide to charge on an the basis of an hourly rate. However, this is uncommon due to two reasons. First, these cases are often time consuming and can drag on for months or even years. In addition, many veterans and their families don't afford an hourly fee.