A Step-By-Step Guide To Selecting Your Veterans Disability Case > 자유게시판

Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they deserve. 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 disproportionately denying their disability claims.

What is a VA Disability?

The amount of monthly monetary compensation paid to veterans with service-related disabilities is based on their disability rating. This rating is determined by the severity of the injury or illness and can range from 0% and 100% in increments of 10% (e.g. 20% 30 percent, 30 percent, etc.). The compensation is tax-free, [empty] and provides a minimum income to the disabled veteran and their families.

VA provides additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These benefits are in addition to basic disability compensation.

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

Many of the conditions that can qualify veterans for disability compensation are listed in the Code of Federal Regulations. However, a few of these conditions require an expert's opinion. An experienced veteran attorney can assist a customer in obtaining an opinion, and also provide the evidence required to prove the claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits they deserve. We have handled hundreds of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans disability law firm rights a key part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I submit a claim?

The first step is to find the medical evidence for their disability. This includes X-rays or doctor's reports, as well any other documentation pertaining to the condition of the veteran. Making these records available to the VA is very important. If a veteran does not have these documents then the VA should be notified by the applicant (or their VSO).

The next step is a filing of an intent to file. This form allows the VA examine your claim even before you have the needed information and medical records. This form also protects the date you can start receiving your compensation benefits in the event you succeed in your claim.

The VA will schedule your examination after all the information is received. This will depend on the amount and type of disability you claim. If you fail to attend this test, it could delay the process of your claim.

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

A lawyer can help at this point. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a very frustrating experience. Thankfully the VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA why you are not happy with their decision. It is not necessary to list every reason, but you must mention all the aspects you disagree with.

It's also crucial to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. In many cases there are gaps or insufficient records. This could lead to a mistake in the rating.

If you submit your NOD you must choose whether you want to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when the DRO examines your case than when it's reviewed by BVA.

When you request the DRO review you can request an individual hearing before a senior rating specialist. The DRO will examine your claim "de de novo" this means they will not rely on the previous decision. This usually results in a completely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest appeals process and can take up to three years for an appeal to be heard.

How much does a lawyer charge?

Lawyers can charge a fee for helping you appeal a VA decision on a disability claim. However, current law prevents lawyers from charging fees for assistance in a claim. This is due to the fact that the fee must be contingent on the lawyer winning your case or having 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 lawyers accredited to practice or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a wide spectrum of cases, including pension claims and disability compensation claims.

Most veterans' disability advocates are paid on an ad-hoc basis. This means that they are only paid if they are successful in winning the appeal of the client and get back payments from the VA. The amount of back pay that is granted varies, but could be as high as 20 percent of the claimant's past-due benefits.

In rare cases lawyers or agents could decide to charge an hourly fee. However, this is not the norm for two reasons. First, these cases can be time-consuming and can take months or even years. In addition, many veterans and their families don't afford to pay an hourly fee.