What s Everyone Talking About Veterans Disability Case Right Now

Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits 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 disability lawsuits for decades, discriminating against their disability claims, according to 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 that veterans receive for service connected disabilities is based on their disability rating. This rating is determined by the severity of the injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20% 30, 30%, etc.). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.

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

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

A majority of the conditions that can qualify an individual for disability compensation are included in the Code of Federal Regulations. Certain of these conditions, however require an expert's advice. An experienced veteran lawyer can assist a client in obtaining this opinion and present the evidence required to support an application for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits that they are entitled to. We have handled hundreds of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first locate the medical evidence to prove their disability. This includes X-rays and doctor's reports or any other documentation that relate to their medical condition. Giving these records to VA is essential. If a veteran does not have these documents, the VA should be notified by the claimant (or their VSO).

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. This form also protects the date you can start receiving your compensation benefits in the event that you win your case.

When all the data is submitted When all the information is submitted, the VA will schedule an exam for you. This will depend on the amount and type of disabilities you are claiming. Make sure you attend the exam, since should you miss it this could affect your claim.

The VA will send you a decision document after the tests have been completed. If the VA rejects your claim, you have one 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 hugely beneficial to those seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a very frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. You don't need to list all of the reasons but you should list all the points you disagree with.

You should also request your C-file or claims file so that you can determine what evidence the VA used to reach their decision. There are often incomplete or missing records. In certain cases this could lead to an error in the rating decision.

If you file your NOD, you will be asked to select whether you would like your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success when the DRO examines your case rather than when it's reviewed by the BVA.

You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will review your claim "de novo" this means they will not rely on the previous decision. This typically results in the issue of a new Rating Decision. You may also opt to have the BVA in Washington examine your claim. This is the longest appeals process and it can take up to three years for an update on the decision.

How much can a lawyer charge?

A lawyer can charge a fee for helping appeal the VA decision on a disability claim. However, current law prevents lawyers from charging for assistance with a claim. This is because the fee must be contingent on the lawyer winning your case, or getting your benefits increased through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans can look through 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 Affairs to represent veterans, service members and their dependents or survivors in a range of issues including pension and disability compensation claims.

The majority of veterans' disability advocates work on a contingency. They only get paid when they succeed in winning their client's appeal and 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, an agent or lawyer might choose to charge an hourly fee. This is not common for two reasons. These issues can take months or even years to resolve. The second reason is that many veterans and their families can't afford an hourly rate.