7 Tricks To Help Make The Most Out Of Your Veterans Disability Case
Veterans Disability Litigation
Ken counsels veterans of the military to assist them in obtaining the disability benefits they deserve. Ken also represents clients in 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 discriminating against their disability claims.
What is an VA Disability?
The disability rating determines the amount of compensation per month paid to veterans who have 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 percent in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.
The VA also offers other programs that offer additional compensation such as individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits they can utilize to increase their earnings over time to qualify for retirement or disability benefits. These additional credits are referred to as "credit for service."
Code of Federal Regulations lists numerous conditions that qualify a veteran to receive disability compensation. However, some of these conditions require an expert's advice. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the evidence needed to support a claim for Veterans Disability Litigation disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans 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 knowledgeable in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself at an appeals hearing before the Board of Veterans Appeals Hearing and making veterans disability legal' rights a priority for his practice.
How do I submit a claim?
First, veterans need to find the medical evidence that supports their condition. This includes X-rays and doctor's reports, or other documents regarding their condition. Providing these records to the VA is vital. If a veteran doesn't have these documents then the VA must be informed by the applicant (or their VSO).
The next step is to make an intent to file. This form allows the VA review your claim even before you have the needed information and medical records. It also ensures that you have an date of effective for benefits when you win your case.
The VA will schedule your medical exam after all the information is received. The VA will schedule the exam based on the number of disabilities as well as the type you claim. Be sure to take this test, because If you don't this could affect your claim.
After the examinations are completed after which the VA will examine the evidence and give you a decision packet. If the VA denies your claim, you have a year from the date of the letter to request a higher-level review.
At this moment, a lawyer will help you. Accredited lawyers from VA can be involved in appeals from the start, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
The denial of benefits for disability suffered by veterans can be extremely frustrating. The VA has an appeals process 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 should explain to the VA why you disagreed with their decision. You don't have to list all of the reasons but you should include everything you disagree with.
It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. There are often incomplete or missing records. This can result in a mistake in the rating.
If you submit your NOD it is up to you to decide if prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success if the DRO examines your case than if it's reviewed by the BVA.
You can request a personal hearing with a senior rating expert through a DRO review. The DRO will conduct the review of your claim on a "de de novo" basis, which means that they will not give deference to the previous decision. This typically will result in a brand new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and can take approximately three years to get an appeal to be heard.
How much can an attorney charge?
A lawyer can charge a fee to assist appeal a VA decision regarding an appeal for disability. The law in place today does not allow lawyers to charge fees for Veterans Disability Litigation initial assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.
Veterans may be able find accredited representatives through the VA's searchable database of licensed attorneys or claims agents. These individuals have been approved by the Department of veterans disability attorney Affairs to represent veterans disability settlement, service members or their dependents on a range of issues including disability compensation and pension claims.
Most disability advocates for veterans are paid on an hourly basis. They only receive compensation when they win their client's appeal, and they are also paid back from VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's total benefit award.
In rare cases, an agent or attorney might decide to charge on an the hourly basis. This is rare for two reasons. First, these matters can be time-consuming and can last for months or even years. In addition, many veterans and their families don't afford an hourly fee.
