10 Veterans Disability Case Tricks All Experts Recommend

Veterans Disability Litigation

Ken counsels military veterans to help them get the disability benefits they deserve. Ken assists 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 what is VA disability?

The disability rating determines the amount of monthly compensation paid to veterans who have service-connected disabilities. This rating is based on the severity of the injury or illness and can vary from 0% to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is free of tax and provides a basic amount of income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

In addition to these benefit programs In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their lifetime earnings for disability or retirement benefits. These additional credits are known as "credit for service."

Code of Federal Regulations lists numerous conditions that qualify a veteran to receive disability compensation. Certain of these conditions, however, require an expert's opinion. A seasoned lawyer with experience can assist clients in obtaining this opinion and present the evidence required to prove a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans disability law firms (view it) in disability claims and appeals. We are committed to helping our clients get the disability benefits they deserve. We have handled hundreds of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans rights a major part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first find the medical evidence to prove their impairment. This includes Xrays or doctor's reports, as with any other documentation that is related 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 claimant (or their VSO).

The next step is a filing of an intention to file. This form permits the VA to begin reviewing your claim even before you have all the medical records required. This form also preserves the date on which you will receive your compensation benefits in the event that you succeed in your claim.

When all the information is submitted, the VA will schedule an appointment for you. It will depend on the amount and type of disability you claim. Be sure to take the exam, since If you don't this could affect your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA refuses to accept the claim you will have one year to request a higher-level review.

At this point, a lawyer can help you. VA-accredited lawyers can now be involved in the appeals from the start, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a frustrating experience. Thankfully the VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA the reason you don't like their decision. You don't have to list every reason, veterans Disability law firms but you should list all the points you disagree with.

You must also request your C-file or claims file so that you can see the evidence that the VA used to make their decision. Often times there are missing or insufficient records. In some cases, this can lead to an error in the rating decision.

When you submit your NOD you will need to decide if you would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a greater chance of success when you opt for the DRO review DRO review than with the BVA.

In the event of a DRO review you can request a personal hearing before a senior rating specialist. The DRO will examine your claim "de novo", meaning that they will not accept the previous decision. This usually results in a new Rating Decision. You may also opt to have the BVA in Washington examine your claim. This is the most lengthy appeals procedure and can take up to three years for an update on the decision.

How much does an attorney charge?

A lawyer can charge a fee to assist you appeal an VA disability decision. However, current law prohibits lawyers from charging fees to assist when submitting a claim. This is because the fee has to be dependent on the lawyer prevailing in your case, or receiving your benefits increased as a result of an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans can identify accredited representatives by using the VA's searchable database that lists certified attorneys or claims agents. They are vetted by the Department of Veterans Affairs and can represent veterans disability lawyer, service members or dependents in a vast range of issues such as disability compensation claims and pension claims.

Most disability advocates for veterans are paid on the basis of a contingent. They only get paid when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay that is granted varies, but could be as high as 20 percent of the claimant's total benefit amount.

In rare cases attorneys or agents may decide to charge an an hourly basis. This isn't often the case due to two reasons. These issues could take months or even years to be resolved. Second, most veterans disability attorneys and their families can't afford to pay for these services on an hourly basis.