The Reasons Veterans Disability Case Is Everywhere This Year

Veterans Disability Litigation

Ken counsels veterans disability law firms of the military to assist them in getting the disability compensation they deserve. He also represents his 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 by disproportionately denying their disability claims.

What is a VA disability?

The amount of monthly monetary compensation provided to veterans suffering from disabilities resulting from service is based on their disability rating. The rating is based on the severity of the illness or injury and can be as low as 0% and up to 100% in 10% increments (e.g., 20%, 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 offers other programs that offer 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 disability lawyer special credit to boost their disability or retirement benefits. These credits are referred to as "credit for service."

A majority of the conditions that make a veteran for disability compensation are described in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. A seasoned lawyer with experience can assist a client to obtain this opinion and present the evidence required to prove an application for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients obtain the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself at a Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I claim a benefit?

First, veterans need to find the medical evidence supporting their condition. This could include X-rays, doctor's notes, as well with any other documentation that is related to the veteran's condition. It is crucial to provide these documents to the VA. If a veteran doesn't have these documents then the VA should be notified by the applicant (or their VSO).

The next step is the filing of an intention to file. This form lets the VA examine your claim even before you have the proper information and medical records. This form also preserves the date you can start receiving your compensation benefits in case you win your case.

The VA will schedule your examination after all the required information is received. This will depend on the type and number of disability you claim. Attend this exam as missing it could delay the process of submitting your claim.

Once the tests are complete, after the examinations are completed, VA will examine the evidence and then send you a confirmation packet. If the VA refuses to accept the claim you have a year to request a higher level review.

At this stage, a lawyer is able to assist you. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a gruelling experience. 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 should explain to the VA the reasons why you did not agree with their decision. You don't have to list all the reasons but you should include everything that you disagree on.

It is also essential to request your C-file (claims file) so you can see the evidence the VA used to make their decision. Most of the time there are gaps or insufficient records. This could lead to an error in the rating.

When you submit your NOD you must choose whether you would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO reviews your case than if it's reviewed by the BVA.

You can request a private hearing with a senior rating expert through a DRO review. The DRO will review your claim "de de novo", meaning that they will not be influenced by the previous decision. This typically results in a new Rating Decision. You can also have the BVA in Washington review your claim. This is the longest appeals process and it can take approximately three years to get an appeal to be heard.

What is the average amount an attorney can charge?

A lawyer could charge a fee to help you appeal a VA disability decision. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable if the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

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

The majority of veterans disability Law firms' disability advocates operate on a contingent basis. This means that they only get paid if they win the client's appeal and are awarded back payment from the VA. The amount of backpay given can be different but it could be as high as 20 percent of a claimant's past-due benefits.

In rare cases lawyers or agents may choose to charge an hourly rate. This is not common due to two reasons. First, these issues are usually time-consuming and can last for months or even years. Additionally, many veterans and their families cannot afford an hourly rate.