Why Veterans Disability Case Is Relevant 2023

Veterans Disability Litigation

Ken assists veterans disability attorneys to obtain the disability benefits they are entitled to. Ken also represents his clients at VA Board of Veterans Disability Law Firms 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 disproportionately denying their disability claims.

What is an VA Disability?

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

VA provides additional compensation through other programs, including individual unemployment allowances for clothing as well as prestabilization and hospitalization car 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 special credits to boost their earnings over the course of their lives for retirement or disability benefits. These extra credits are known as "credit for service."

Many of the conditions that make an individual for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions, however require an expert's advice. An experienced veteran attorney can assist a client in obtaining this opinion, and supply the necessary evidence to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they deserve. We have handled thousands disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled vet who after having successfully represented himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans disability lawsuits' rights an integral part of his practice.

How do I submit a claim?

First, veterans need to locate the medical evidence supporting their condition. This includes any X-rays, doctor's reports or other documentation that relate to their medical condition. It is vital to provide these records to VA. If a veteran doesn't have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intent to file. This form allows the VA to begin reviewing your claim, even before you have all the information and medical records that you require. It also protects your effective date for compensation benefits if you win your case.

Once all the information is submitted when all the information is in, the VA will schedule an exam for you. The VA will schedule the exam according to the amount of disabilities you have and the type you are claiming. In the event that you do not attend this exam, it could delay the process of submitting your claim.

After the examinations have been completed Once the examinations are complete, after the examinations are completed, VA will review the evidence and send you a decision packet. If the VA denies the claim, you'll have a year to request a more extensive review.

A lawyer can help you in this situation. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a difficult experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice Of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you should be clear about the issues you don't agree with.

You should also request your C file or claims file to determine the evidence that the VA used to make their decision. Often times there are missing or insufficient records. In some instances it could lead to an error in the rating decision.

When you file your NOD it is up to you to decide if would like 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 you opt for the DRO review DRO review than with the BVA.

If you are subject to a DRO review you have the option of asking for an individual hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on a "de novo" basis, which means that they will not give any deference to the previous decision. This usually results in a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most time taking appeals route and typically takes anywhere from one to three years for a new decision.

How much does a lawyer charge?

Lawyers may charge a fee to help you appeal an VA disability decision. But, current law prohibits lawyers from charging for initial assistance when submitting a claim. This is because the fee is 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 locate accredited representatives using the VA's searchable database of accredited attorneys or claims representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of matters such as disability compensation and pension claims.

The majority of veterans' disability advocates are paid on an hourly basis. They only receive compensation when they are successful in defending their client's case, and they are also paid back from VA. The amount of backpay given can be different, but it can be as high as 20 percent of a claimant's past-due benefits.

In rare instances an attorney or agent might decide to charge on an the basis of an hourly rate. However, this is uncommon due to two reasons. These matters can take a long time to be resolved. Additionally, many veterans and their families don't afford to pay an hourly fee.