What Veterans Disability Case Experts Would Like You To Know

Veterans Disability Litigation

Ken assists veterans disability attorneys in navigating the system to help them get 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 for years by disproportionately rejecting their disability claims according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The amount of monetary compensation per month given to veterans with service-related disabilities is determined on their disability rating. The rating is based on the severity of an illness or injury, and can range between zero and 100% in increments of 10 percent (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, including individual unemployment, clothing allowances prestabilization and hospitalization, veterans disability Law Firms automobile allowances, and hospitalization allowances. These are in addition to the standard disability compensation.

The Social Security Administration also gives veterans a special credit they can use to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These extra credits are called "credit for service."

Many of the conditions that allow disabled veterans disability lawsuit for disability benefits are listed in the Code of Federal Regulations. However, some of these conditions require an expert's opinion. A veteran lawyer with experience can assist a client obtain this opinion, and supply the necessary evidence to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complexity of VA law and procedure. 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 a Board of Veterans Appeals hearing.

How do I file a claim?

The first step is to locate the medical evidence supporting their condition. This includes X-rays or doctor's reports, as any other documentation pertaining to the condition of the veteran. 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 a filing of an intention to file. This form lets the VA examine your claim even before you have all the required information and medical records. The form also keeps the date you can start receiving your compensation benefits if you win your case.

Once all the information is provided, the VA will schedule an exam for you. This will be dependent on the quantity and type of disabilities you are claiming. Be sure to take the exam, since in the event you fail to take it the exam could delay your claim.

The VA will send you a decision document after the examinations are completed. If the VA decides to deny the claim, you'll have a year to request a more thorough review.

At this stage, a lawyer is able to assist you. VA-accredited lawyers can now be involved in the appeals from the beginning which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of veterans' disability benefits can be frustrating. The VA offers an appeals procedure to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason, but you must state all the issues that you don't agree with.

It's also important to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. Most of the time, there are missing or insufficient records. In some cases, this can lead to an error in the rating decision.

After you have submitted your NOD, the applicant will be asked to decide if you would like your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success if the DRO reviews your case, compared to when it's reviewed by the BVA.

You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will conduct an examination of your claim on the basis of a "de novo" basis, which means that they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most time lengthy appeals procedure and typically takes one to three years to get an updated decision.

What is the cost an attorney could charge?

A lawyer can charge a fee for assisting you appeal an VA disability decision. The law as it stands today does not permit lawyers to charge for initial assistance in a claim. This is due to the fact that the fee must be dependent on the lawyer prevailing in your case or veterans disability Law Firms having your benefits increased through an appeal. Typically, these fees will be paid directly from the lump-sum payments that you receive from the VA.

Veterans are able to search the database of attorneys who are accredited or claim agents to find accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent service members, veterans disability law firms or their dependents in a wide variety of cases including pension claims, disability compensation and claims.

Most veterans' disability advocates work on a contingency basis. This means that they are only paid if they win the client's appeal and are awarded back pay from the VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total benefit award.

In rare cases, an agent or lawyer might decide to charge an hourly rate. This is uncommon due to two reasons. These matters can take a long time to resolve. The second reason is that most veterans and their families cannot afford to pay for these services on an hourly basis.