10 Unexpected Veterans Disability Case Tips

Veterans Disability Litigation

Ken assists veterans disability lawyers to get 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 an VA disability?

The amount of monthly monetary compensation provided to veterans suffering from service connected disabilities is based on their disability rating. This rating is based on the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g., 20%, 30% etc). The compensation is not subject to tax and provides a basic income to the disabled veteran and his family.

VA offers additional compensation through other programs, for example individual unemployment allowances for clothing, hospitalization and prestabilization, allowances for automobiles, and hospitalization allowances. These are in addition to the standard disability compensation.

The Social Security Administration also gives veterans a special credit they can use to increase their lifetime earnings and qualify for retirement or disability benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, a few of these circumstances require an expert's opinion. An experienced lawyer can help a customer obtain this opinion, and provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands 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 disability law firms' rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans must first find the medical evidence that proves their impairment. This includes X-rays and doctor's reports, or other documents relevant to their health. Making these records available to the VA is crucial. If a veteran does not 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 review your claim, even before you have all the information and medical records that you require. It also keeps your date of effective for benefits should you prevail in your case.

The VA will schedule your medical exam after all the required information has been received. It will depend on the amount and type of disability you claim. Don't miss this exam because it could delay the processing of your claim.

The VA will send you a decision-making package when the examinations have been completed. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.

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

How do I appeal a denial?

Denial of disability benefits to veterans is a frustrating experience. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you should be clear about the issues you disagree with.

You must also request a C-file or claims file to see what evidence the VA used to arrive at their decision. In many cases there are missing or incomplete records. In certain cases it could lead to an error in the rating decision.

When you file your NOD you must choose whether you would like to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a greater chance of success with a DRO review than with the BVA.

You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will conduct a review of your claim on the basis of a "de novo" basis, which means that they don't give deference the previous decision. This typically results in the issue of a new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the longest taking appeals route and typically can take between one and three years to receive an updated decision.

What is the cost an attorney could charge?

A lawyer can charge a fee if appeal an VA decision on a disability claim. The law currently does not allow lawyers to charge fees for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. Typically, these fees will be directly derived from any lump-sum payments you get from the VA.

Veterans may be able to find accredited representatives via the VA's searchable database for accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent service members, veterans or their dependents in a wide range of matters such as pension claims, disability compensation and claims.

Most veterans' disability advocates are paid on an hourly 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 paid can vary, but it can be as high as 20 percent of a claimant's past due benefits.

In rare instances attorneys or agents might decide to charge on an per hour basis. This is uncommon due to two reasons. These matters can take a long time to be resolved. The second reason is that many veterans and their families are unable to afford to pay an hourly rate.