10 Veterans Disability Case Tricks All Pros Recommend

Veterans Disability Litigation

Ken counsels military veterans to assist them in obtaining the disability compensation they are entitled to. Ken is also a lawyer for his clients at VA Board of Veterans 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 discriminating against their disability claims.

What is a VA disability?

The disability rating determines the amount of monthly compensation paid to veterans with service-related disabilities. This rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.

VA provides additional compensation through other programs, including individual unemployment allowances for clothing prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credit that they can utilize to increase their lifetime earnings and qualify for retirement or disability benefits. These additional credits are known as "credit for service."

Many of the conditions that qualify a veteran for disability compensation are listed in the Code of Federal Regulations. However, some of these conditions require an expert opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and daedongtech.co.kr present the evidence required to support an application for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to helping our clients receive the disability benefits that they deserve. We have handled hundreds of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans disability law firms rights a top priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first locate the medical evidence that proves their impairment. This could include X-rays, doctor's reports as well any other documentation pertaining to the condition of the veteran. Making these records available to the VA is vital. If a veteran doesn't have these documents then the VA must be informed by the applicant (or their VSO).

The next step is the filing of an intention to file. This is a form that permits the VA to begin reviewing your claim before you have all the medical records required. This form also ensures the date you can start receiving your compensation benefits in the event that you win your case.

When all the information is received when all the information is in, the VA will schedule an examination for you. This will be dependent on the amount and type of disability you claim. Make sure you attend this test, because in the event you fail to take it this could affect your claim.

Once the tests are complete, the VA will examine the evidence and send you a confirmation packet. If the VA rejects the claim, you will have one year to request a more extensive review.

At this point, a lawyer can help 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 are seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans is a frustrating experience. Fortunately, the VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disparage, you have to tell the VA why you disagree with their decision. You don't have to list every reason, but you should state all the issues that you disagree with.

It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. Often times, there are missing or incomplete records. In certain cases, this can lead to an error in the rating decision.

When you submit your NOD you will need to decide if you want to have 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 if the DRO reviews your case, compared to when it's reviewed by the BVA.

In the event of the DRO review you can request a personal hearing before an experienced senior rating specialist. The DRO will conduct an investigation of your claim on a "de novo" basis, which means they will not give any deference to the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to have your claim reviewed by 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 if you appeal a VA decision on an appeal for disability. But, current law prohibits lawyers from charging fees for assistance in the case. This is because the fee is contingent on the lawyer winning your case, or getting your benefits increased through an appeal. Typically, these fees will be paid directly out of any lump-sum payments you get from the VA.

Veterans can look through the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad variety of cases including pension and disability compensation claims.

The majority of veterans' disability advocates are paid on an hourly basis. This means that they are only paid if they succeed in winning the client's appeal and receive back payments from the VA. The amount of backpay that is given can be different but can be as high as 20 percent of the claimant's past-due benefits.

In rare cases, an agent or lawyer might choose to charge an hourly rate. But, this isn't common for two reasons. These matters can take months or years to be resolved. In addition, the majority of veterans disability law firm and their families can't afford to pay on an hourly basis.