How Veterans Disability Case Altered My Life For The Better

Elenco segnalazioni e proposteCategoria: Richieste di chiarimentiHow Veterans Disability Case Altered My Life For The Better
Zelda Feliz ha scritto 4 mesi fa

veterans disability ( Litigation

Ken counsels military veterans 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 disability lawyers for decades by discriminating against their disability claims according to the lawsuit filed this week by Yale Law School’s Veterans Legal Services Clinic.

What is a VA Disability?

The amount of monthly monetary compensation provided to veterans suffering from disabilities resulting from service is based on their disability rating. This rating is based on the severity of the illness or injury 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 for disabled veterans and their family.

VA offers 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 the basic disability compensation.

The Social Security Administration also gives veterans a special credit they can utilize to increase their lifetime earnings to qualify for retirement or Veterans Disability disability benefits. These credits are referred to as “credit for service.”

Code of Federal Regulations lists a variety of conditions that make a veteran eligible for disability compensation. However, some of these conditions require an expert’s advice. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the proof needed to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands disability cases and are conversant with the intricacies of VA regulations and laws. Our firm was established by a disabled veteran who made fighting for veterans’ rights a top priority in his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I submit a claim?

First, veterans need to locate the medical evidence for their impairment. This includes X-rays and doctor’s notes, as well any other documentation pertaining to the condition of the veteran. It is crucial to provide these records to VA. If a veteran doesn’t have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intention to file. This form permits the VA to review your claim before you have all the medical records required. This form also preserves the date on which you will receive your compensation benefits in the event that you win your case.

The VA will schedule your examination after all the information is received. This will be dependent on the amount and type of disability you claim. Make sure you attend this exam, as should you miss it this could affect your claim.

After the examinations are completed, after the examinations are completed, VA will examine the evidence and send you a decision package. If the VA denies your claim, you have a year from the date of the letter to request a higher-level review.

A lawyer can help at this point. VA-accredited lawyers are now involved in the appeals right from the beginning, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be frustrating. The VA provides an appeals procedure to appeal these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement you must tell the VA why you are not happy with their decision. You don’t need to list all of the reasons, but you should mention all the points you disagree with.

You must also request a C-file or claims file so that you can determine what evidence the VA used to make their decision. Most of the time there are no or insufficient records. In some cases, this can lead to an error in the rating decision.

If you submit your NOD you must decide whether you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a greater chance of success with a DRO review than with the BVA.

You can request a personal hearing with a senior rating expert via a DRO review. The DRO will conduct the review of your claim on an “de novo” basis, which means that they will not give deference to the previous decision. This usually results in a new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the most lengthy appeals process and it can take approximately three years to get an update on the decision.

How much will a lawyer charge?

Lawyers can charge a fee to help you appeal a VA decision regarding a disability claim. However, current law prevents lawyers from charging fees to assist when submitting a claim. This is because the fee has to be dependent on the lawyer prevailing in your case or receiving your benefits increased as a result of an appeal. Typically the fees are directly derived from any lump-sum payments you get from the VA.

Veterans are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. These representatives are accredited by the Department of veterans disability lawyer Affairs and are able to represent veterans, service members or dependents in a vast range of matters, including pension claims and disability compensation claims.

Most veterans’ disability advocates operate on a contingent basis. They only receive compensation when they are successful in defending their client’s case, and they also receive back pay from VA. The amount of backpay awarded can vary but can be as high as 20 percent of a claimant’s past due benefits.

In rare cases, an agent or lawyer might choose to charge an hourly rate. However, this is not the norm for two reasons. First, these issues tend to be time-consuming and can drag on for months or even years. Second, many veterans and their families can’t afford to pay an hourly fee.