Elkins veterans Disability law Firm Disability Litigation

Ken counsels veterans of the military to help them get the disability compensation they are entitled to. He also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by generally denying their disability claims, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

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

The VA also has other programs that provide additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the regular disability compensation.

In addition to these benefit programs In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their disability or retirement benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, a few of these conditions require an expert's advice. An experienced lawyer can assist clients in obtaining this opinion and provide the evidence needed to prove a claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for Addison veterans disability attorney disability. We are committed to helping our clients to receive the benefits they're entitled to. We have handled thousands of disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was started by a disabled vet who made fighting for veterans rights a priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans need to first collect the medical evidence to prove their disability. This includes X-rays and doctor's reports or any other documentation that relate to their medical condition. Making these records available to the VA is very important. If a veteran does not have these documents and the VA should be notified by the claimant (or their VSO).

The next step is the filing of 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 that you require. This form also protects the date of effective compensation benefits in case you have a successful case.

The VA will schedule your exam when all information is received. The VA will set the date for the examination according to the severity of your disability and the type you are claiming. Make sure you take this test, because in the event you fail to take it and fail to take it, it could hinder your claim.

The VA will send you a decision-making package after the tests have been completed. 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 help at this point. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a an enormous benefit to those who are seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans can be extremely frustrating. Fortunately the VA has an appeals process for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disagreement, you must inform the VA the reason you don't like their decision. You don't have to list every reason, but you should list all the points you don't agree with.

It's also crucial to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. Sometimes there are gaps or incomplete records. In some cases this could result in an error in the rating decision.

When you submit your NOD, the applicant will be asked if you want your case reviewed either by the 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 than if it's reviewed by the BVA.

In the event of a DRO review, you have the option of requesting a personal hearing before a senior rating specialist. The DRO will conduct an investigation of your claim on a "de de novo" basis, which means that they will not give deference to the previous decision. This typically results in a new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the most time taking appeals route and typically takes between one and three years for a new decision.

How much can an attorney charge?

Lawyers can charge a fee to help appeal the VA decision regarding an appeal for disability. The law currently does not permit lawyers to charge for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

casper veterans disability lawyer may be able to find accredited representatives through the VA's searchable database of accredited attorneys or claims representatives. These people are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad range of issues including disability compensation claims and pension claims.

Most veterans' disability advocates are paid on an hourly basis. This means that they only get paid if they win the client's appeal and receive back payments from the VA. The amount of back pay that is granted varies, but could be as much as 20 percent of the claimant's total past due benefit.

In rare instances, an agent or attorney may choose to charge on per hour basis. This isn't often the case due to two reasons. First, these situations are often time consuming and can go on for months or even years. Second, most veterans and their families are unable to afford to pay on an hourly basis.