A Guide To Veterans Disability Case From Beginning To End

Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

The amount of monthly monetary compensation given to veterans disability attorney with service connected disabilities is based on their disability rating. This rating is determined by the severity of an injury or illness and can range from 0% and 100% in increments of 10 percent (e.g. 20 percent, 30 percent, etc.). The amount is devoid of tax and provides a minimum income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation, such as individual unemployment, auto allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the standard disability compensation.

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

A majority of the conditions that make disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. Certain of these conditions however, require an expert's opinion. An experienced veteran lawyer can assist a client to obtain this opinion and provide the evidence required to prove the claim for disability compensation.

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 a variety of disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was started by a disabled vet who made fighting for veterans rights a priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I submit a claim?

The first step is to locate the medical evidence to prove their disability. This includes Xrays or doctor's reports, as well with any other documentation that is related to the condition of the veteran. Making these records available to the VA is crucial. If a veteran doesn't have these documents, they should be provided 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 review your claim, even before you have all the medical records required. It also ensures that you have an effective date for receiving compensation if you win your case.

The VA will schedule your medical exam when all details have been received. This will be dependent on the type and number of disabilities you are claiming. In the event that you do not attend this exam, it could delay the process of your claim.

The VA will provide you with a decision package once the examinations have been completed. If the VA refuses to accept the claim you'll have one year to request a higher level review.

At this moment, a lawyer will help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans can be frustrating. Thankfully the VA has an appeals process for these decisions. The first step is to send an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you have to explain to the VA why you are not happy with their decision. You don't have to include every reason but you should include everything that you disagree on.

It's also crucial to request your C-file (claims file) so you can see the evidence the VA used to make their decision. Often times there are no or incomplete records. In certain cases this could result in an error in the rating decision.

When you submit your NOD, the applicant will be asked to select whether you would like your case reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a higher chance of success with a DRO review than with the BVA.

When you request the DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will conduct the review of your claim on the basis of a "de de novo" basis, which means that they do not give deference to the previous decision. This typically results in a completely new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most lengthy appeals process, and it could take approximately three years to get a new decision.

How much can a lawyer charge?

Lawyers may charge a fee for assisting you appeal an VA disability decision. The law currently does not allow lawyers to charge fees for initial assistance in a claim. This is because the fee is dependent on the lawyer winning your case or getting your benefits increased by an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans may be able to find accredited representatives via the VA's searchable database of accredited attorneys or claims representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors in a variety of matters such as disability compensation and lawsuit pension claims.

The majority of veterans' disability advocates work on a contingency. They only get paid when they win their client's appeal, and they also receive back pay from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total past-due benefit.

In rare instances, an agent or lawyer might choose to charge an hourly fee. However, this is uncommon for two reasons. First, these matters can be time-consuming and can go on for months or even years. Additionally, many veterans and their families can't afford to pay on an hourly basis.