10 Unexpected Veterans Disability Case Tips > 자유게시판

Veterans Disability Litigation

Ken advises veterans of the military to help them obtain the disability compensation they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black Veterans Disability Law Firms for decades, discriminating against their disability claims as per an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

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

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

In addition to these benefit programs In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their lifetime earnings for retirement or disability benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's opinion. An experienced veteran attorney can assist a client in obtaining this opinion, and supply the evidence required to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to ensuring that our clients receive the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself in an appeals hearing before the Board of veterans disability lawyer Appeals Hearing, made veterans' rights an integral part of his practice.

How do I submit a claim?

Veterans need to first collect the medical evidence of their disability. This includes X-rays or doctor's reports, as well any other documentation pertaining to the condition of the veteran. It is important to provide these documents to the VA. If a veteran doesn't have these documents and the VA should be notified by the applicant (or their VSO).

The next step is to fill out an intent to file. This form allows the VA review your claim even before you have all the required information and medical records. It also ensures that you have an effective date for receiving compensation if you win your case.

The VA will schedule your examination once all of the information is received. The VA will schedule an exam in accordance with the amount of disabilities you have and the type of disability you claim. Attend this exam as missing it could delay the processing of your claim.

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

At this point, a lawyer can assist you. VA-accredited lawyers can now be involved in appeals from the beginning, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be a source of frustration. The VA offers an appeals procedure to appeal these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disparage, you must tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you must list all the points you disagree with.

You should also request your C-file, or claims file, to see what evidence the VA used to arrive at their decision. Often times, there are missing or insufficient records. This can sometimes lead to a mistake in the rating.

When you submit your NOD, the applicant will be asked 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 examines your case rather than when it's reviewed by BVA.

In the event of a DRO review, you have the option of asking for an individual hearing with a senior rating specialist. The DRO will review your claim "de de novo" which means they will not defer to the previous decision. This usually results in a new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the longest appeals process, and it could take up to three years for a new decision.

How much will a lawyer charge?

Lawyers can charge a fee for helping appeal the VA decision on an appeal for disability. The current law does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only due if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically the fees will be paid directly out of any lump-sum payments you get from the VA.

Veterans can look through 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 are able to represent service members, veterans or dependents in a broad variety of cases including pension claims and disability compensation claims.

The majority of veterans' disability advocates are paid on an hourly basis. This means that they only get paid if they win the appeal of the client and receive 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 lawyers or agents may choose to charge an hourly fee. This is rare for two reasons. These matters can take a long time to be resolved. Additionally, many veterans and their families cannot afford to pay an hourly fee.