7 Helpful Tricks To Making The Most Of Your Veterans Disability Case

Veterans Disability Litigation

Ken assists Veterans Disability law firms in obtaining the disability benefits they deserve. He also represents 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 an VA Disability?

The amount of monthly monetary compensation provided to veterans suffering from service connected disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can range from zero and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.

VA provides additional compensation through other programs, for example individual unemployment allowances for clothing as well as prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the standard disability compensation.

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

A majority of the conditions that qualify veterans for disability compensation are mentioned in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the evidence needed to prove an application for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits that they are entitled to. We have handled thousands of disability cases and are conversant with the complexities of VA regulations and laws. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself at an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I make a claim?

The first step is to locate the medical evidence that supports their disability. This includes X-rays, doctor's notes or other evidence regarding their condition. Giving these records to VA is very important. If a veteran doesn't 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 form permits the VA to begin reviewing your claim, even before you have all the medical records that you require. It also keeps your effective date for compensation benefits in the event that you win your case.

When all the data is in when all the information is in, the VA will schedule an examination for you. This will depend on the amount and type of disability you claim. Make sure that you take the exam, since if you miss it this could affect your claim.

After the examinations have been completed, the VA will examine the evidence and then send you a decision-making packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.

At this moment, a lawyer could assist you. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is a huge benefit to people seeking disability benefits.

How do I appeal a denial?

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

It's also important to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. In many cases there are missing or insufficient records. In certain cases this could lead to an error in the rating decision.

When you submit your NOD it is up to you to decide if would like to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll be more likely to have success when you opt for a DRO review than with the BVA.

If you are subject to a DRO review you can request a personal hearing before a senior rating specialist. The DRO will examine your claim "de novo" this means they will not defer to the previous decision. This usually will result in a brand new Rating Decision. You can also request that the BVA in Washington review your claim. This is the time consuming appeals path and typically can take between one and three years to receive a new decision.

What is the cost an attorney could charge?

A lawyer may charge a fee for assisting you appeal an VA disability decision. The law in place today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically the fees are directly derived from the lump-sum payments that you receive from the VA.

veterans disability lawsuit may find accredited representatives through the VA's searchable database of licensed attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans, dependents, or [Redirect-Meta-0] survivors in a range of issues including disability compensation and pension claims.

The majority of veterans' disability advocates work on a contingency. They only receive compensation when they win their client's appeal, and they also receive back pay from VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's total benefits.

In rare cases, an agent or lawyer may choose to charge an hourly rate. However, this is not the norm due to two reasons. These matters can take a long time to be resolved. Additionally, many veterans and their families cannot afford to pay on an hourly basis.