The Top Veterans Disability Case Gurus Are Doing Three Things

Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they deserve. Ken also represents clients in 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 disproportionately denying their disability claims.

What is what is VA disability?

The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. The rating is based on the severity of an illness or injury and may range between zero and 100% in increments of 10% (e.g. 20 percent 30 percent, 30 percent, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their family.

The VA also offers other programs that offer additional compensation like individual unemployability, automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the regular disability compensation.

In addition to these benefit programs, in addition, 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 referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that qualify a veteran to receive disability compensation. Some of these conditions, however require an expert's advice. An experienced lawyer can assist a client in obtaining this opinion, and supply the evidence required to support a 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 benefits they're entitled to. We have handled thousands of disability cases and we are well-versed with the complexities of VA regulations and laws. Our firm was started by a disabled vet who made fighting for veterans' rights a key part of his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I submit a claim?

First, veterans must track down the medical evidence to prove their disability. This includes X-rays and doctor's reports or other documentation that relate to their condition. Making these records available to the VA is very important. If a veteran doesn't have these documents, the VA must be informed by the applicant (or their VSO).

The next step is to file an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. The form also keeps the date of effective compensation benefits if you are successful in your case.

Once all the information is submitted when all the information is in, the VA will schedule an examination for you. The VA will schedule an exam in accordance with the severity of your disability and the type you claim. Be sure to take the exam, since if you miss it this could affect your claim.

Once the examinations are complete after which after the examinations are completed, VA will examine the evidence and send you a confirmation packet. If the VA denies the claim, you will have one year to request a more extensive review.

At this moment, a lawyer will help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a hugely beneficial to those seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a very frustrating experience. The VA has an appeals process for 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 have to tell the VA why you disagree with their decision. You don't have to give every reason, but you should be clear about the issues you don't agree with.

It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. In many cases there are no or incomplete records. This can lead to an error in the rating.

After you have submitted your NOD, it will be asked to decide if you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll be more likely to have success with a DRO review than with the BVA.

When you request the DRO review you have the option of asking for an individual hearing before a senior rating specialist. The DRO will conduct the review of your claim on an "de novo" basis, which means that they don't give deference the previous decision. This typically results in a new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the time lengthy appeals procedure and typically takes one to three years for a new decision.

What is the cost an attorney could charge?

A lawyer could charge a fee for assisting you appeal an VA disability decision. But, current law prohibits lawyers from charging for assistance in a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans are able to search the database of accredited attorneys or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a variety of issues such as disability compensation and pension claims.

Most veterans' disability advocates are paid on an hourly basis. They only receive compensation when they prevail in their client's appeal and they are also paid back from VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's past-due benefits.

In rare instances, an agent or attorney may choose to charge on per hour basis. However, this is not the norm for two reasons. First, these cases tend to be time-consuming and can drag on for months or even years. Second, most veterans and their families can't afford to pay for these services on an hourly basis.