15 Best Documentaries On Veterans Disability Case

Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they are entitled to. Ken also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by discriminating against their disability claims according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans disability lawsuit with service-connected disabilities. 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 percent, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their family.

VA provides additional compensation through other programs, including individual unemployment, clothing allowances, hospitalization and prestabilization, allowances for automobiles, and hospitalization allowances. 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 lifetime earnings for retirement or disability benefits. These credits are referred to as "credit for service."

A majority of the conditions that allow a veteran for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions however require the opinion of an expert. An experienced lawyer can assist clients in obtaining this opinion and provide the proof needed to support the claim for disability benefits.

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

How do I claim a benefit?

First, veterans need to find the medical evidence that supports their disability. This includes Xrays or doctor's reports, as well in any other documentation related to the veteran's condition. It is essential to submit these records to VA. 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 the filing of an intent to file. This form allows the VA to begin reviewing your claim even before you have all the information and medical records you need. It also preserves your date of effective for benefits should you prevail in your case.

When all the data is in when all the information is in, the VA will schedule an appointment for firm you. The VA will schedule the exam based on the number of disabilities and the type of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.

Once the tests are complete 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 extensive review.

At this point, a lawyer can help you. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a a huge benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. Fortunately the VA has an appeals process for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you should tell the VA why you are not happy with their decision. You don't have to list all of the reasons, but you should mention everything you disagree with.

You must also request a C-file, or claims file, to determine the evidence that the VA used to make their decision. In many cases there are missing or insufficient records. In some instances this could result in an error in the rating decision.

When you submit your NOD you must decide whether you want to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you will be more likely to have success with the DRO review DRO review than with the BVA.

You can request a personal hearing with a senior rating expert via a DRO review. The DRO will conduct a review of your claim on an "de de novo" basis, which means that they don't give deference the previous decision. This usually results in a totally new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the longest appeals procedure and can take up to three years for a new decision.

How much does a lawyer charge?

A lawyer can charge a fee to assist appeal the VA decision regarding the basis of disability. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. This is because the fee has to be dependent on the lawyer winning your case or having your benefits increased through an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

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

Most veterans' disability advocates work on a contingency basis. This means that they are only paid if they succeed in winning the client's appeal and are awarded back payments 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 total past due benefit.

In rare instances attorneys or agents may choose to charge on the basis of an hourly rate. This is rare for two reasons. These matters can take months or even years to resolve. Second, many veterans and their families cannot afford an hourly rate.