What Is Veterans Disability Case And Why Is Everyone Speakin About It

Veterans Disability Litigation

Ken assists veterans in navigating the system to help them get the disability compensation they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

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

What is an VA disability?

The amount of monetary compensation per month paid to veterans with service-related disabilities is determined on their disability rating. This rating is based upon the severity of the injury or illness and can range from zero and 100% in increments of 10% (e.g. 20 percent 30 percent, 30 percent, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.

The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to basic disability compensation.

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

A majority of the conditions that qualify disabled veterans for disability benefits are listed in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence needed to support an application for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients get the disability benefits they are entitled to. We have handled hundreds of disability cases and are proficient 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 successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

First, veterans must look up the medical evidence for their condition. This could include X-rays, doctor's reports, as any other documentation pertaining to the condition of the veteran. It is important to provide these records to VA. If a veteran doesn't have these documents and the VA must be informed by the claimant (or their VSO).

The next step is to fill out an intent to file. This is a form that allows the VA to begin reviewing your claim, even before you have all the information and medical records required. It also preserves your effective date for receiving compensation in the event that you win your case.

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

The VA will provide you with a decision package after the examinations are completed. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.

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

How do I appeal a denial?

The denial of veterans' disability benefits can be frustrating. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement you should tell the VA the reason you don't like their decision. You don't need to list every reason however, you must mention everything that you disagree on.

It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. In many cases there are gaps or insufficient records. This can result in a mistake in the rating.

If you submit your NOD you must decide whether you would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a better chance of success with a DRO review than with the BVA.

You can request a private hearing with an expert in senior rating through the process of a DRO review. The DRO will conduct a review of your claim on an "de de novo" basis, which means that they do not give deference to the previous decision. This usually results in an entirely new Rating Decision. You may also decide to request that the BVA in Washington examine your claim. This is the longest appeals process, and it could take approximately three years to get an appeal to be heard.

How much can a lawyer charge?

A lawyer can charge a fee for helping you appeal a VA decision regarding an appeal for disability. However, current law prevents lawyers from charging for initial assistance in the case. This is because the fee has to be contingent on the lawyer winning your case, or receiving your benefits increased as a result of 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 lawyers accredited to practice or claim agents to find accredited representatives. They have been vetted by the Department of veterans disability lawyers Affairs to represent veterans, service members or their dependents in a variety of matters such as disability compensation and pension claims.

Most disability advocates for veterans are paid on a contingent basis. They only get paid when they are successful in defending their client's case, and they also receive back pay from VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total benefit award.

In rare cases, an agent or lawyer might decide to charge an hourly fee. But, this isn't common for two reasons. These issues can take a long time to resolve. Additionally, many veterans disability lawsuit and their families cannot afford to pay on an hourly basis.