You re About To Expand Your Veterans Disability Case Options

Veterans Disability Litigation

Ken assists veterans in obtaining 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 disability attorney Affairs discriminated for decades against Black veterans by discriminating against their disability claims.

What is an VA disability?

The amount of monetary compensation per month given to veterans with service-related disabilities is determined on their disability rating. This rating is based upon the severity of an injury or illness and can vary between zero and 100% in increments of 10 percent (e.g. 20 percent, 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 unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

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

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. However, certain conditions require an expert's opinion. An experienced veteran attorney can assist a customer in obtaining an opinion, and also provide the evidence needed to support an claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients obtain the benefits they're entitled to. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who, after successfully representing himself at an appeals hearing before the Board of veterans disability lawyers Appeals Hearing and making veterans' rights an integral part of his practice.

How do I make a claim?

Veterans need to first collect the medical evidence to prove their disability. This includes Xrays, doctor's reports or other documentation regarding their health. Making these records available to the VA is essential. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intention to file. This form lets the VA review your claim even before you have the necessary information and medical records. The form also keeps the date of effective compensation benefits in the event you win your case.

If all the required information is submitted when all the information is in, the VA will schedule an exam for Veterans Disability Law Firms you. The VA will schedule an exam based on the number of disabilities as well as the type of disability you're claiming. Don't miss this exam because it could delay the process of submitting your claim.

After the examinations have been completed after which the VA will examine the evidence and give you a confirmation packet. If the VA rejects the claim, you'll have a year to request a more thorough review.

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

How do I appeal a denial?

Denial of veterans disability benefits can be a difficult experience. Thankfully that the VA has an appeals process for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement, you must tell the VA the reasons you don't agree with their decision. You don't have to list every reason however, you must mention everything you disagree with.

You must also request your C-file, or claims file, to see the evidence that the VA used to reach their decision. There are often insufficient or missing records. This could lead to an error in the rating.

If you submit your NOD you will need to decide if you would like your case considered by a Decision Review Officer or by the Board of veterans disability law firms Appeals. In general you'll have more of a chance of success if the DRO examines your case than when it's reviewed by BVA.

You can request a private hearing with an expert in senior rating through the process of a DRO review. The DRO will conduct a review of your claim on an "de de novo" basis, meaning they don't give deference the previous decision. This usually results in a new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the time taking appeals route and typically takes one to three years to receive a new decision.

What is the cost an attorney could charge?

Lawyers may charge a fee for helping you appeal an VA disability decision. However, current law prevents lawyers from charging for initial assistance when submitting a claim. The fee is only payable if the lawyer is successful in your case or veterans disability law firms increases your benefits by filing an appeal. Typically the fees will be paid directly from the lump-sum payments that you receive from the VA.

Veterans can use the VA's database of accredited attorneys or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad spectrum of cases that include pension claims, disability compensation and claims.

Most veterans' disability advocates are paid on a contingent basis. This means that they are only paid if they are successful in winning the appeal of the client and receive back payment from the VA. The amount of back pay that is given varies, but it can be as much as 20 percent of the claimant's past-due benefit award.

In rare instances attorneys or agents may decide to charge an the hourly basis. However, this is uncommon due to two reasons. First, these issues are often time consuming and can take months or even years. The second reason is that most veterans and their families can't afford to pay for these services on an hourly basis.