Are Veterans Disability Case As Important As Everyone Says

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.

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 discriminating against their disability claims.

What is a VA disability?

The disability rating determines the amount of monthly payments to veterans who have disabilities that are related to service. The rating is determined by the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their family.

The VA also offers other programs that offer additional compensation like individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the regular disability compensation.

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

A majority of the conditions that can qualify an individual for disability compensation are described in the Code of Federal Regulations. Certain of these conditions, however require an expert's opinion. A veteran lawyer with experience can assist a customer in obtaining an opinion, and also provide the evidence required to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are conversant with the intricacies of VA rules and regulations. Our firm was founded by a disabled veteran who made fighting for veterans' rights a major part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I claim a benefit?

First, veterans need to look up the medical evidence to prove their disability. This includes X-rays, doctor's notes or other evidence related to their health. It is important to provide these documents to the 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 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 on which you will receive your compensation benefits in the event you succeed in your claim.

Once all the information is received, the VA will arrange an examination for you. The VA will set the date for the examination according to the amount of disabilities you have 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.

The VA will provide you with a decision package when the examinations have been completed. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.

A lawyer can be of assistance at this point. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans is a frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit an Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice Of Disagreement, you should explain to the VA why you were dissatisfied with their decision. You don't need to list every reason, but you must list all the points you disagree with.

It is also essential to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. There are usually incomplete or missing records. This can sometimes lead to an error in the rating.

When you file your NOD you must decide whether you prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success when the DRO examines your case than if it's reviewed by the BVA.

With an DRO review you have the option of requesting a personal hearing before a senior rating specialist. The DRO will conduct a review of your claim on the basis of a "de de novo" basis, which means that they don't give deference the previous decision. This usually results in an entirely new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the longest appeals procedure and can take approximately three years to get an appeal to be heard.

How much will a lawyer charge?

A lawyer can charge a fee for helping you appeal a VA disability decision. However, current law prohibits lawyers from charging for assistance in the case. This is because the fee must be dependent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

Veterans may be able find accredited representatives via the VA's searchable database that lists accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors on a range of issues including pension and disability compensation claims.

Most disability advocates for veterans are paid on an ad-hoc basis. They only get paid when they win their client's appeal, and they also receive back pay from VA. The amount of backpay that is awarded can vary but it could be as high as 20 percent of the claimant's past-due benefits.

In rare instances attorneys or agents might decide to charge on an an hourly basis. This is uncommon due to two reasons. First, these cases tend to be time-consuming and can go on for months or even years. Additionally, many veterans and their families cannot afford to pay on an hourly basis.