• 목록
• 답변
• 게시판 리스트 옵션
  • 수정
  • 삭제

Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken also represents his clients at VA Board of somerville veterans disability lawsuit 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 denial of their disability claims.

What is a VA Disability?

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

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

The Social Security Administration also gives el dorado veterans disability attorney special credits they can utilize to increase their earnings over time to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. However, some of these circumstances require an expert's opinion. An experienced lawyer can help a client obtain this opinion and provide the evidence needed to prove a claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients obtain the benefits they're entitled to. We have handled a variety of disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was founded by a disabled veteran who made fighting for atmore Veterans disability law Firm' rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans need to track down the medical evidence to prove their condition. This includes X-rays and doctor's notes, as well as any other documentation related to the veteran's condition. The submission of these records to the VA is essential. If a veteran does not have these documents and the VA must be informed by the applicant (or their VSO).

The next step is the filing of an intent to file. This form lets the VA examine your claim even before you have the needed information and medical records. It also protects your date of effective for benefits if you win your case.

The VA will schedule your exam after all the details have been received. It will depend on the amount and type of disability you claim. Make sure you attend this test, because if you miss it this could affect your claim.

Once the tests are complete after which the VA will examine the evidence and then send you a decision package. If the VA rejects the claim, you'll have one year to request a more extensive review.

At this moment, a lawyer could assist you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is an enormous benefit to those who seek disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a difficult experience. Thankfully that the VA has an appeals process for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement you should tell the VA the reason you don't like their decision. You don't have to give every reason, but you must mention all the aspects you don't agree with.

You must also request a C-file, or claims file, to determine what evidence the VA used to make their decision. Often times there are no or incomplete records. This can lead to a mistake in the rating.

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

You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will review your claim "de novo" which means they will not rely on 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 longest appeals procedure and can take up to three years before you receive an update on the decision.

How much can a lawyer charge?

A lawyer can charge a fee for helping you appeal an VA decision on the basis of disability. The law in place today does not allow lawyers to charge fees for initial assistance in a claim. This is because the fee must be dependent on the lawyer prevailing in your case, or receiving your benefits increased as a result of an appeal. Typically, these fees will be paid directly out of any lump-sum payment you receive from the VA.

Veterans can use the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of issues such as disability compensation and pension claims.

The majority of veterans' disability advocates work on a contingency. This means that they will only be paid if they win the appeal of the client and receive back payments from the VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's total past-due benefit.

In rare instances, an agent or attorney may decide to charge on an the hourly basis. This is not common for two reasons. These issues can take months or even years to resolve. In addition, many veterans and their families are unable to afford an hourly rate.