10 Healthy Veterans Disability Case Habits

Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability benefits they deserve. He also represents 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 denial of their disability claims.

What is a VA disability?

The disability rating determines the amount of compensation per month paid to veterans with disabilities that are related to service. This rating is based upon the severity of the injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20%, 30 percent, etc.). The compensation is tax-free and provides a basic income for Veterans Disability Lawyers the disabled veteran and their family.

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

The Social Security Administration also gives veterans special credit that they can utilize to increase their lifetime earnings to qualify for retirement or disability benefits. These additional credits are known as "credit for service."

Many of the conditions that allow disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the proof needed to support an application for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to assisting our clients receive the disability benefits they are entitled to. We have handled hundreds of disability cases and are knowledgeable in the complexity of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans rights a top priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

First, veterans must find the medical evidence supporting their disability. This could include X-rays, doctor's reports, as with any other documentation that is related to the veteran's condition. The submission of these records to the VA is vital. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to fill out an intent to file. This is a form that allows the VA to review your claim before you have all the information and medical records that you require. This form also preserves the date on which you will receive your compensation benefits in case you succeed in your claim.

When all the data is in, the VA will schedule an exam for you. This will depend on the number and type of disability you claim. Make sure you take this exam, as if you miss it, it could delay your claim.

The VA will send you a decision package once the examinations have been completed. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.

A lawyer can assist you at this point. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit for those who seek disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans disability lawsuit can be frustrating. The VA has an appeals process for these decisions. The first step is to send the Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disparage, you have to tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you must 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 make their decision. In many cases there are missing or incomplete records. This can sometimes lead to an error in the rating.

After you have submitted your NOD, it will be asked if you would like your case reviewed by an Board of Veterans Appeals or a Decision Review officer. In general, you'll have a greater chance of success with the DRO review DRO review than with the BVA.

If you are subject to an DRO review, you can request an individual hearing with an experienced senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, which means that they will not give any deference to the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most lengthy appeals process and can take approximately three years to get a new decision.

How much can an attorney charge?

A lawyer could charge a fee for helping you appeal a VA disability decision. The law as it stands today does not allow lawyers to charge for assistance with a claim in the beginning. The fee is only due in the event that the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

veterans disability lawyers (dig this) can look through the VA's database of attorneys accredited by the VA or claim agents to locate accredited 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 in a variety of issues such as disability compensation and pension claims.

The majority of veterans' disability advocates work on a contingency basis. This means that they are only paid if they win the appeal of the client and Veterans Disability Lawyers get 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 may choose to charge on the hourly basis. This is not common due to two reasons. First, these matters are often time consuming and can drag on for months or even years. The second reason is that many veterans and their families cannot afford an hourly fee.