Veterans Disability Case Tools To Ease Your Daily Life Veterans Disability Case Trick That Everyone Should Learn

Veterans Disability Litigation

Ken advises veterans of the military to help them obtain the disability compensation they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.

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

What is what is VA disability?

The amount of monthly monetary compensation paid to veterans with service connected disabilities is based on their disability rating. The rating is determined by 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 exempt from tax and provides a basic source of income to the disabled veteran and his family.

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

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

Many of the conditions that can qualify a veteran for disability compensation are included in the Code of Federal Regulations. Certain of these conditions, however require an expert's advice. An experienced lawyer can assist a client in obtaining this opinion and provide the evidence needed to support a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans' rights a priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans need to track down the medical evidence that supports their disability. This could include X-rays, doctor's reports, as in any other documentation related to the veteran's condition. Providing these records to the VA is essential. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to make an intent to file. This form allows the VA review your claim even before you have all the required information and medical records. It also preserves your effective date for compensation benefits in the event that you win your case.

If all the required information is provided after all the information has been received, the VA will schedule an examination for you. This will be dependent on the amount and type of disability you claim. In the event that you do not attend this exam, disability it could delay the process of submitting your claim.

The VA will provide you with a decision package when the examinations have been completed. 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 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 for people seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a very frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit the Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement you must tell the VA why you are not happy with their decision. You don't have to include all of the reasons however, you must mention all the points you disagree with.

You must also request your C-file, or claims file, to see what evidence the VA used to arrive at their decision. Most of the time, there are missing or incomplete records. This can lead to an error in the rating.

When you file your NOD, you must decide whether you would like to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO examines your case rather than if it's reviewed by the BVA.

You can request a private hearing with a senior rating expert via an DRO review. The DRO will review your claim "de de novo" which means that they will not accept the previous decision. This typically results in an entirely new Rating Decision. You can also request that the BVA in Washington review your claim. This is the longest consuming appeals path and typically takes anywhere from one to three years to receive a new decision.

How much does an attorney charge?

A lawyer can charge a fee for helping you appeal an VA decision on a disability claim. The law in place today does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only due in the event that the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans may be able identify accredited representatives by using the VA's searchable database that lists certified attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent veterans disability attorneys, service members and their dependents as well as survivors in a variety of matters including disability compensation and pension claims.

Most veterans' disability advocates work on a contingency basis. They only get paid when they are successful in defending their client's case, and they are also paid back from VA. The amount of backpay that is awarded can vary but it could be as high as 20 percent of the claimant's past due benefits.

In rare instances an attorney or agent could decide to charge an hourly rate. This is rare for two reasons. First, these situations are often time consuming and can go on for months or even years. Additionally, many veterans and their families are unable to afford to pay for these services on an hourly basis.