7 Practical Tips For Making The Most Out Of Your Veterans Disability Case > 자유게시판

veterans disability lawsuit Disability Litigation

Ken counsels military veterans to assist them in getting the disability compensation they are entitled to. He is also a lawyer for his clients at 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 denial of their disability claims.

What is an VA disability?

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

The VA also offers other programs that offer additional compensation, such as individual unemployability, automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

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

Code of Federal Regulations lists a variety of conditions that allow veterans to be eligible for disability compensation. Certain of these conditions however require an expert's advice. An experienced veteran lawyer can assist clients in obtaining this opinion and present the evidence required to support the claim for disability benefits.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients to receive the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who, after successfully representing himself in a Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I submit a claim?

Veterans must first find the medical evidence that proves their disability. This includes X-rays, doctor's reports or other documentation relevant to their condition. Making these records available to the VA is very important. If a veteran does not have these documents and the VA must be informed by the claimant (or their VSO).

The next step is to file an intent to file. This is a form that permits the VA to begin reviewing your claim before you have all the medical records required. It also preserves your effective date for receiving compensation in the event that you win your case.

The VA will schedule your medical exam after all the details have been received. This will depend on the number and type of disabilities you are claiming. If you fail to attend this test, it could delay the process of your claim.

The VA will send you a decision document after the examinations are completed. If the VA rejects your claim, you have one year from the date of the letter to request a more thorough review.

At this point, a lawyer can assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a an enormous benefit to those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans can be extremely frustrating. Thankfully, the VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason, but you should mention all the aspects you don't agree with.

It is also essential to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. In many cases there are missing or insufficient records. This can result in an error in the rating.

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

You can request a private hearing with a senior rating expert through the process of a DRO review. The DRO will conduct an investigation of your claim on an "de novo" basis, which means they will not give any deference to the previous decision. This usually results in an entirely new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the most lengthy appeals process and can take up to three years before you receive a new decision.

How much can a lawyer charge?

A lawyer can charge a fee to assist you appeal the VA decision on an appeal for disability. But, current law prohibits lawyers from charging for assistance when submitting a claim. This is due to the fact that the fee must be contingent on the lawyer winning your case or getting your benefits increased through an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans can look through the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or dependents in a broad spectrum of cases such as disability compensation claims and pension claims.

Most veterans' disability advocates operate on a contingent basis. This means that they only get paid if they succeed in winning the client's appeal and are awarded back payments from the VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total past due benefit.

In rare cases, an agent or lawyer could decide to charge an hourly rate. This is rare for two reasons. These matters can take months or even years to resolve. Additionally, many veterans and their families can't afford an hourly rate.