10 Veterans Disability Case Tricks All Pros Recommend

Veterans Disability Litigation

Ken counsels veterans of the military to assist them in getting the disability compensation they are entitled to. Ken assists 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 an VA Disability?

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

VA offers additional compensation through other programs, including individual unemployment, clothing allowances prestabilization and hospitalization, car allowances, and hospitalization allowances. These are in addition to the regular disability compensation.

The Social Security Administration also gives veterans disability law firms a special credit they can use to boost their lifetime earnings so that they can be eligible for disability or retirement benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. However, certain circumstances require an expert's opinion. An experienced lawyer can help a customer obtain this opinion, and supply the evidence required to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to ensuring that our clients obtain the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself in an appeals hearing before the Board of veterans disability lawsuits Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.

How do I make a claim?

The first step is to track down the medical evidence supporting their impairment. This includes X-rays or doctor's reports as well with any other documentation that is related to the condition of the veteran. The submission of these records to the VA is very important. If a veteran doesn't have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

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

The VA will schedule your appointment after all the required information is received. The VA will set the date for the examination in accordance with the amount of disabilities you have and the type you are claiming. Make sure you take this exam, as in the event you fail to take it and fail to take it, it could hinder your claim.

The VA will send you a decision-making package after the examinations are completed. If the VA decides to deny the claim, you will have one year to request a higher level review.

At this moment, a lawyer could help you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit to those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a difficult experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit an Notice of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement, you should explain to the VA why you were dissatisfied with their decision. You don't need to list every reason, but you should be clear about the issues you don't agree with.

It's also crucial to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. This could lead to an error in the rating.

After you have submitted your NOD, you will be asked to select whether you want your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a greater chance of success when you opt for a DRO review than with the BVA.

You can request a private hearing with a senior rating expert through the process of a DRO review. The DRO will conduct an investigation of your claim on a "de de novo" basis, which means that they don't give deference the previous decision. This usually results in a completely new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the longest appeals process, and it could take up to three years to reach an update on the decision.

What is the average amount an attorney can charge?

A lawyer may charge a fee for helping you appeal a VA disability decision. The law in place today does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee has to be dependent on the lawyer winning your case, or getting your benefits increased by an appeal. Typically the fees will be paid directly out of any lump-sum payments you receive from the VA.

Veterans can locate accredited representatives using the VA's searchable database that lists accredited attorneys or claims representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans disability attorneys and their dependents as well as survivors on a range of issues such as disability compensation and pension claims.

Most disability advocates for veterans operate on a contingent basis. They only get paid when they prevail in their client's appeal and they also receive back pay from VA. The amount of backpay awarded can vary but it could be as high as 20 percent of a claimant's past-due benefits.

In rare instances an attorney or agent might choose to charge an hourly fee. This isn't often the case due to two reasons. First, these matters tend to be time-consuming and can go on for months or even years. Second, most veterans and their families can't afford to pay on an hourly basis.