Speak "Yes" To These 5 Veterans Disability Case Tips

DWQA QuestionsCategory: QuestionsSpeak "Yes" To These 5 Veterans Disability Case Tips
Francesca Bittner asked 2 months ago

Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in getting the disability benefits they deserve. Ken assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way as per the lawsuit filed this week by Yale Law School’s Veterans Legal Services Clinic.

What is what is VA Disability?

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

VA offers additional compensation through other programs, including individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, and hospitalization allowances. These are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credits they can use to increase their earnings over time to qualify for retirement or disability benefits. These credits are referred to as “credit for service.”

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Some of these conditions, however require the opinion of an expert. An experienced lawyer can help a customer obtain this opinion, and supply the evidence required to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans disability lawsuits in appeals and claims for disability. We are dedicated to helping our clients obtain the disability benefits that they deserve. We have handled a variety of disability cases and are well-versed with the intricacies of VA regulations and laws. Our firm was created by a disabled veteran who made fighting for veterans rights a key part of his practice after successfully representing himself at a Board of veterans disability lawsuit Appeals hearing.

How do I make a claim?

Veterans must first locate the medical evidence that proves their disability. This includes Xrays, doctor’s reports or other documentation relevant to their medical condition. Making these records available to the VA is vital. If a veteran doesn’t have these documents, the VA should be notified by the claimant (or their VSO).

The next step is to make an intent to file. This is a form that permits the VA to begin reviewing your claim even before you have all the medical records required. This form also ensures the date you can start receiving your compensation benefits in the event you have a successful case.

If all the required information is submitted When all the information is submitted, the VA will schedule an examination for you. The VA will schedule the exam according to the number of disabilities and the type of disability you claim. Make sure that you take the exam, since in the event you fail to take it, it could delay your claim.

Once the examinations are complete After the examinations are completed, after the examinations are completed, VA will examine the evidence and send you a confirmation packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can assist you at this point. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a an enormous benefit for those who seek disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans is a frustrating experience. Thankfully that the VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your notice of disagreement, you have to tell the VA the reasons you don’t agree with their decision. You don’t need to list every reason, but you should mention everything you disagree with.

You should also request your C file, or claims file, to determine the evidence that the VA used to arrive at their decision. There are usually incomplete or missing data. In some cases this could result in an error in the rating decision.

When you submit your NOD, the applicant will be asked to select whether you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you’ll have more of a chance of success when the DRO examines your case rather than if it’s reviewed by the BVA.

You can request a private hearing with a senior firm rating expert via a DRO review. The DRO will conduct an investigation of your claim on the basis of a “de de novo” basis, which means that they don’t give deference the previous decision. This usually results in an entirely new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the longest taking appeals route and typically can take between one and three years to get a new decision.

How much does a lawyer charge?

A lawyer can charge a fee for helping you appeal a VA decision regarding the basis of disability. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. This is because the fee is dependent on the lawyer winning your case, or getting your benefits increased by an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans are able to search the 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 service members, veterans and their dependents or survivors in a variety of issues such as disability compensation and pension claims.

Most disability advocates for veterans are paid on a contingency basis. They only get paid when they are successful in defending their client’s case, and they receive back pay from VA. The amount of backpay that is paid can vary, but it 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 an per hour basis. This is uncommon due to two reasons. First, these cases tend to be time-consuming and can take months or even years. In addition, the majority of veterans and their families are unable to afford to pay on an hourly basis.