Veterans Disability Case Techniques To Simplify Your Daily Lifethe One Veterans Disability Case Trick That Everyone Should Learn

Veterans Disability Litigation

Ken counsels veterans of the military to help them obtain the disability compensation they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans disability attorney for decades, disproportionately rejecting their disability claims as per the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

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

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

In addition to these benefit programs the Social Security Administration gives military veterans extra credits to increase their lifetime earnings for retirement or disability benefits. These additional credits are referred to as "credit for service."

A majority of the conditions that make a veteran for disability compensation are included in the Code of Federal Regulations. However, some of these conditions require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and provide the proof needed to prove a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.

How do I make a claim?

First, veterans must look up the medical evidence that supports their disability. This includes X-rays, doctor's notes or other evidence that relate to their condition. It is vital to provide these records to VA. If a veteran does not have these documents, they must 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 allows the VA to review your claim before you have all the information and medical records you require. It also keeps your effective date for receiving compensation in the event that you win your case.

The VA will schedule your medical exam when all details have been received. This will be dependent on the type and number of disability you claim. Don't miss this exam because it could delay the process of your claim.

After the examinations are completed, the VA will review the evidence and send you a decision packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can help you in this situation. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is a a huge benefit to those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a difficult experience. Thankfully the VA has an appeals procedure for 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 why you were dissatisfied with their decision. It is not necessary to list every reason but you should list everything that you disagree on.

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

When you submit your NOD you must choose whether you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO examines your case rather than when it's reviewed by BVA.

You can request a private hearing with a senior rating expert through a DRO review. The DRO will review your claim "de novo", meaning that they will not be influenced by the previous decision. This usually results in an entirely new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the most time consuming appeals path and typically can take between one and three years to get an updated decision.

How much can a lawyer charge?

A lawyer can charge a fee to assist you appeal the VA decision regarding a disability claim. The current law does not permit lawyers to charge for initial assistance in a claim. This is due to the fact that the fee has to be dependent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans may find accredited representatives through the VA's searchable database that lists licensed attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans or their dependents in a variety of matters including disability compensation and pension claims.

Most veterans' disability advocates work on a contingency. This means that they are only paid if they prevail in the appeal of the client and receive back payments from the VA. The amount of backpay that is given can be different but it could be as high as 20 percent of the claimant's past due benefits.

In rare instances an attorney or agent could decide to charge an hourly fee. But, this isn't common due to two reasons. First, these situations are often time consuming and can last for months or even years. Additionally, many veterans and their families cannot afford to pay an hourly fee.