Are Veterans Disability Case As Important As Everyone Says

Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability benefits they deserve. He also represents his clients at VA Board of Veterans Appeals Hearings.

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

What is what is VA disability?

The disability rating determines the amount of compensation per month paid to veterans disability lawsuit who have disabilities that are related to service. The rating is determined by the severity of the illness or injury and can range from 0% up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is tax-free and provides basic income for the disabled veteran and their families.

VA provides additional compensation through other programs, such as individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credit that they can use to boost their earnings over time to qualify for retirement or disability benefits. These extra credits are called "credit for service."

Many of the conditions that make an individual for disability compensation are listed in the Code of Federal Regulations. Some of these conditions, however require an expert's opinion. An experienced lawyer can assist a client to obtain this opinion and provide the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to helping our clients get the disability benefits they deserve. We have handled hundreds of disability cases and are knowledgeable in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights an important aspect of his work.

How do I file a claim?

First, veterans must locate the medical evidence supporting their condition. This includes X-rays and doctor's reports, as with any other documentation that is related to the condition of the veteran. It is crucial to provide these records to VA. If a veteran doesn't have these documents, the VA must be informed by the claimant (or their VSO).

The next step is to make an intent to file. This form allows the VA to review your claim even before you have all the medical records you need. This form also preserves the effective date of your compensation benefits in the event you have a successful case.

The VA will schedule your exam when all information is received. It will depend on the type and number of disability you claim. Make sure you attend this exam, as should you miss it and fail to take it, it could hinder your claim.

After the examinations are completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and then send you a confirmation packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.

A lawyer can assist you at this point. VA-accredited lawyers can now be involved in appeals from the start, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a very frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you must inform the VA the reason you don't like their decision. You don't need to list every reason, but you must mention all the aspects you disagree with.

You must also request a C-file or claims file so that you can see what evidence the VA used to arrive at their decision. There are usually documents that are not complete or have been deleted. In certain cases it could lead to an error in the rating decision.

If you file your NOD, it will be asked if you would like your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. In general, you will have a better chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a private hearing with an expert in senior ratings through an DRO review. The DRO will conduct an examination of your claim on the basis of a "de novo" basis, which means that they will not give deference to the previous decision. This typically results in a new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the most lengthy appeals process and can take up to three years before you receive an appeal to be heard.

What is the cost an attorney could charge?

A lawyer could charge a fee for assisting you appeal a VA disability decision. The law in place today does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically these fees are paid out of the lump-sum payments that you receive from the VA.

Veterans can look through the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or their dependents in a wide range of matters such as pension claims and disability compensation claims.

Most veterans' disability advocates are paid on an hourly basis. They only get paid when they win their client's appeal, and they are also paid back from VA. The amount of backpay granted can differ, but it can be as high as 20 percent of the claimant's past due benefits.

In rare cases, an agent or lawyer might decide to charge an hourly fee. This is not common due to two reasons. First, these cases are often time consuming and can last for months or even years. In addition, many veterans and their families don't afford to pay an hourly fee.