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

Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. Ken also represents his 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 disproportionately denying their disability claims.

What is a VA Disability?

The amount of monthly monetary compensation that veterans receive for service-related disabilities is determined on their disability rating. The rating is based on the severity of the illness or injury and wilmington veterans disability attorney can range from 0% to 100% in 10% increments (e.g., 20%, 30% etc). The compensation is tax-free and provides a basic income for the disabled veteran and their family.

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

The Social Security Administration also gives veterans special credits they can utilize to increase their lifetime earnings and be eligible for disability or retirement benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. However, some of these conditions require an expert opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the proof needed to support an application for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself in an appeals hearing before the Board of Wilmington Veterans Disability Attorney Appeals Hearing, made veterans' rights an integral part of his practice.

How do I claim a benefit?

Veterans must first find the medical evidence to prove their disability. This includes X-rays and doctor's notes, as well as any other documentation related to the veteran's condition. Making these records available to the VA is vital. 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 to file an intent to file. This is a form that allows the VA to begin reviewing your claim even before you have all the medical records you require. This form also protects the effective date of your compensation benefits in case you have a successful case.

The VA will schedule your medical exam after all the information is received. This will depend on the type and number of disability you claim. Make sure that you take the exam, since if you miss it this could affect your claim.

Once the tests are complete, the VA will examine the evidence and send you a decision package. If the VA rejects the claim, you'll have one year to request a more extensive review.

At this moment, a lawyer could assist you. Accredited lawyers from VA can be involved in appeals right from the beginning, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a very frustrating experience. Thankfully the VA has an appeals process for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement you have to tell the VA why you disagree with their decision. It is not necessary to list every reason, but you must be clear about the issues you don't agree with.

You should also request your C file or claims file to see what evidence the VA used to reach their decision. There are often documents that are not complete or have been deleted. In some instances it could lead to an error in the rating decision.

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

In the event of a DRO review, you can request an individual hearing with an experienced senior rating specialist. The DRO will review your claim "de novo", meaning that they will not accept the previous decision. This usually results in a new Rating Decision. You may also opt to have the BVA in Washington review your claim. This is the longest demanding appeals process and usually takes anywhere from one to three years for an updated decision.

How much can a lawyer charge?

Lawyers can charge a fee to help appeal an VA decision on an appeal for disability. However, current law prevents lawyers from charging for assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. Typically the fees will be directly derived from any lump-sum payments you receive from the VA.

Veterans may find accredited representatives through the VA's searchable database for accredited attorneys or claims representatives. They are vetted by the Department of Veterans Affairs and can represent service members, veterans or dependents in a wide range of issues that include pension claims, disability compensation and claims.

Most disability advocates for veterans work on a contingency. This means that they will only be paid if they win the client's appeal and receive back pay from the VA. The amount of back pay that is awarded varies, but can be as high as 20 percent of the claimant's total benefit.

In rare cases an attorney or agent may decide to charge an the hourly basis. This isn't often the case due to two reasons. These matters can take a long time to be resolved. Additionally, many mount vernon veterans disability attorney and their families don't afford to pay an hourly rate.