How Veterans Disability Case Changed My Life For The Better

Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. 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, disproportionately refusing their disability claims.

What is what is VA Disability?

The amount of monetary compensation per month paid to veterans with disabilities resulting from service is based on their disability rating. This rating is based upon the severity of an illness or injury and can vary between 0% and attorneys 100% in increments of 10 percent (e.g. 20%, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their families.

The VA also has other programs that provide additional compensation like individual unemployment, auto allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the basic 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 additional credits are known as "credit for service."

A majority of the conditions that can qualify veterans for disability compensation are included in the Code of Federal Regulations. Certain of these conditions however, require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the proof needed to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients to receive the disability benefits they deserve. We have handled thousands of disability cases and are well-versed with the complexities of VA regulations and laws. Our firm was established in 1996 by a disabled vet who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing, made veterans disability attorneys' rights a priority for his practice.

How do I make a claim?

Veterans must first find the medical evidence supporting their disability. This includes X-rays or doctor's notes, as well as any other documentation related to the veteran's condition. It is essential to submit these records to VA. If a veteran does not have these documents, attorneys they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This is a form that permits the VA to review your claim, even before you have all the medical records that you require. This form also protects the date you can start receiving your compensation benefits in the event that you win your case.

The VA will schedule your appointment after all the required information is received. It will depend on the quantity and type of disabilities you are claiming. Make sure that you take this test, because should you miss it this could affect your claim.

The VA will send you a decision package after the examinations are completed. If the VA denies the claim, you'll have a year to request a higher level review.

At this moment, a lawyer could help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be frustrating. The VA offers an appeals procedure to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't have to give every reason, but you should mention all the aspects you don't agree with.

It's also crucial to request your C-file (claims file) to see the evidence the VA used in making their decision. There are usually insufficient or missing records. In certain cases, this can lead to an error in the rating decision.

When you submit your NOD you will need to decide if you want to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success when the DRO examines your case rather than when it's reviewed by BVA.

You can request a private hearing with a senior rating expert via an DRO review. The DRO will examine your claim "de novo" which means that they will not accept the previous decision. This typically results in the issue of a new Rating Decision. You may also opt to have the BVA in Washington review your claim. This is the most time taking appeals route and typically can take between one and three years to receive a new decision.

What is the average cost a lawyer can charge?

A lawyer can charge a fee to assist you appeal an VA disability decision. However, the law currently prohibits lawyers from charging fees to assist when submitting a claim. This is because the fee has to be contingent on the lawyer winning your case, or having your benefits increased through an appeal. Typically, these fees will be paid directly out of any lump-sum payments you get from the VA.

Veterans can find accredited representatives via the VA's searchable database of accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad range of issues including disability compensation claims and pension claims.

Most veterans' disability advocates work on a contingency basis. This means that they are only paid if they are successful in winning the appeal of the client and get back pay from the VA. The amount of backpay that is granted can differ but can be as high as 20 percent of the claimant's past-due benefits.

In rare cases attorneys or agents may decide to charge an per hour basis. This is not common for two reasons. First, these matters tend to be time-consuming and can drag on for months or even years. In addition, the majority of veterans and their families cannot afford to pay for these services on an hourly basis.