8 Tips To Boost Your Veterans Disability Case Game

Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School red Oak veterans disability law firm Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.

What is a VA Disability?

The disability rating determines the amount of compensation per month paid to veterans with service-connected disabilities. The rating is determined by the severity of the illness or injury and can vary from 0% to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his family.

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

The Social Security Administration also gives veterans special credits that they can use to increase their earnings over time to qualify for red Oak veterans disability law firm retirement or disability 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, a few of these conditions require an expert opinion. A seasoned veteran attorney can assist a client in obtaining an opinion, and also provide the evidence needed to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients get the disability benefits they deserve. We have handled a variety of disability cases and are familiar with the complexities of VA laws and procedures. Our firm was started by a disabled vet who made fighting for veterans' rights a priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I make a claim?

clemmons veterans disability attorney must first find the medical evidence of their impairment. This includes X-rays, doctor's notes or other evidence relevant to their medical condition. The submission of these records to the VA is very important. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).

The next step is the filing of an intent to file. This is a form that allows the VA to begin reviewing your claim before you have all the medical records required. It also protects your date of effective for benefits when you win your case.

When all the information is provided after all the information has been received, the VA will schedule an exam for you. This will depend on the type and number of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.

After the examinations are completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and send you a decision package. If the VA rejects the claim, you have a year to request a higher level review.

At this moment, a lawyer could help you. Accredited lawyers from VA can be involved in the appeals from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans can be a source of frustration. Fortunately the VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that 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 have to include every reason but you should include everything that you disagree on.

It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. Most of the time there are gaps or incomplete records. In certain cases, this can lead to an error in the rating decision.

When you file your NOD, it will be asked to choose whether you want your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a better chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will conduct an investigation of your claim on a "de de novo" basis, which means that they do not give deference to the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the time lengthy appeals procedure and typically takes one to three years to obtain an updated decision.

How much can an attorney charge?

A lawyer may charge a fee for helping appeal an VA decision on a disability claim. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer prevailing in 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 may be able find accredited representatives through the VA's searchable database of accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of matters including pension and disability compensation claims.

Most disability advocates for veterans work on a contingency. They only get paid when they win their client's appeal, and also receive back pay from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total past-due benefits.

In rare instances attorneys or agents may decide to charge on an an hourly basis. This is not common for two reasons. First, these issues are usually time-consuming and can drag on for months or even years. In addition, the majority of veterans and their families can't afford to pay for these services on an hourly basis.