The Reasons Veterans Disability Case Is Everywhere This Year

Veterans Disability Litigation

Ken counsels military veterans to assist them in obtaining the disability compensation they deserve. He also represents clients at 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 an VA disability?

The amount of monetary compensation per month paid to veterans with service connected disabilities is based on their disability rating. The rating is based on the severity of an injury or illness and may range between 0% and 100% in increments of 10% (e.g. 20%, 30%, etc.). The compensation is tax-free and provides basic income for disabled veterans and their family.

VA provides additional compensation through other programs, like individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credits that they can use to increase their lifetime earnings to be eligible for disability or retirement benefits. These additional credits are referred to as "credit for service."

A majority of the conditions that can qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. However, some of these conditions require an expert's opinion. An experienced veteran attorney can assist a client in obtaining this opinion, and provide the evidence needed to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to ensuring that our clients receive the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans' rights a major part of his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans must find the medical evidence that supports their disability. This includes X-rays and doctor's notes or other evidence related to their medical condition. Providing these records to the VA is very important. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to make an intent to file. This form permits the VA to review your claim before you have all the information and medical records you need. This form also protects the date of effective compensation benefits in case you are successful in your case.

The VA will schedule your examination when all information is received. The VA will schedule an examination according to the number of disabilities as well as the type you are claiming. Make sure that you take this test, because if you miss it and fail to take it, it could hinder your claim.

After the examinations have been completed After the examinations are completed, after the examinations are completed, VA will review the evidence and send you a decision package. If the VA denies the claim, you have a year to request a higher level review.

At this stage, a lawyer is able to help you. Lawyers who are accredited by the VA can now be involved in the appeals process 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. The VA provides an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA the reason you don't like their decision. You don't have to list every reason, but you must mention all the aspects you disagree with.

It's also crucial to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. There are usually insufficient or missing records. In some instances, this can lead to an error in the rating decision.

After you have submitted your NOD, the applicant will be asked to decide if you want your case reviewed by a Board of veterans disability law firms Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success when you opt for a DRO review than with the BVA.

If you are subject to a DRO review you have the option of requesting an individual hearing with a senior rating specialist. The DRO will review your claim "de de novo", meaning that they will not defer to the previous decision. This usually results in an entirely new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the time lengthy appeals procedure and typically takes anywhere from one to three years to receive an updated decision.

How much will a lawyer charge?

Lawyers can charge a fee to help appeal an VA decision regarding the basis of disability. However, current law prevents lawyers from charging fees to assist with a claim. The fee is only due if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically the fees are paid out of the lump-sum payments that you receive from the VA.

Veterans can use the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members or their dependents in a range of issues including disability compensation and pension claims.

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

In rare cases lawyers or agents could decide to charge an hourly fee. However, this is uncommon due to two reasons. These issues could take months or even years to be resolved. Additionally, many veterans disability lawsuits and their families can't afford an hourly rate.