5 Veterans Disability Case Lessons From The Pros

Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of veterans disability law firms Affairs discriminated against Black veterans for decades by discriminating against their disability claims as per an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The disability rating determines the amount of monthly payments to veterans disability attorneys with disabilities that are related to service. This rating is based upon the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10% (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 offers other programs that offer additional compensation such as individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.

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

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. Some 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 support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled a variety of disability cases and are well-versed with the complexities of VA regulations and laws. Our firm was started by a disabled vet who made fighting for veterans rights a key part of his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans must find the medical evidence to prove their impairment. This includes any X-rays, doctor's reports or other documentation that relate to their health. The submission of these records to the VA is very important. 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 allows the VA to review your claim before you have the necessary information and medical records. This form also preserves the date of effective compensation benefits in the event you win your case.

The VA will schedule your medical exam when all details have been received. The VA will schedule an exam based on the number of disabilities as well as the type of disability you're claiming. Attend this exam as missing it could delay the process of submitting your claim.

Once the tests are complete, the VA will examine the evidence and give you a decision-making packet. If the VA denies the claim, veterans Disability law firms you have a year to request a higher-level review.

At this moment, a lawyer will help you. Lawyers who are accredited by VA 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?

Denial of veterans' disability benefits is a frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disparage, you should tell the VA why you disagree with their decision. You don't have to list all of the reasons, but you should mention everything you disagree with.

You should also request your C-file or claims file to determine what evidence the VA used to make their decision. Often times there are no or insufficient records. In some cases, this can lead to an error in the rating decision.

If you submit your NOD you will need to decide if you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a better chance of success with a DRO review than with the BVA.

You can request a personal hearing with a senior rating expert through the process of a DRO review. The DRO will conduct an examination of your claim on a "de de novo" basis, meaning they will not give deference to the previous decision. This usually results in a new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the time consuming appeals path and typically takes one to three years to receive an updated decision.

How much does a lawyer charge?

A lawyer may charge a fee for helping you appeal a VA disability decision. But, current law prohibits lawyers from charging for initial assistance in the case. This is due to the fact that the fee must be contingent upon 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 payment you receive from the VA.

Veterans can use the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a variety of issues such as disability compensation and pension claims.

Most veterans' disability advocates are paid on an ad-hoc basis. This means that they will only be paid if they prevail in the client's appeal and receive back pay from the VA. The amount of backpay awarded can vary, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare cases an attorney or agent may decide to charge on an the hourly basis. But, this isn't common for two reasons. These issues can take months or even years to be resolved. In addition, many veterans and their families are unable to afford an hourly fee.