10 Veterans Disability Case Tricks All Pros Recommend
Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they deserve. 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 disability lawyer Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is what is VA Disability?
The amount of monthly monetary compensation paid to veterans with service connected disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation such as individual unemployment, auto allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.
In addition to these benefit programs In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their lifetime earnings for retirement or disability benefits. These credits are referred to as "credit for service."
A majority of the conditions that allow an individual for disability compensation are included in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. An experienced lawyer can assist a client in obtaining an opinion, and also provide the evidence required to prove a claim of disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients to receive the disability benefits 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 a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.
How do I make a claim?
Veterans need to first collect the medical evidence of their impairment. This includes Xrays, doctor's reports or other documentation relevant to their condition. The submission of these records to the VA is crucial. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or veterans disability litigation their VSO (veteran service organization).
The next step is a filing of an intent to file. This form lets the VA review your claim even before you have the necessary information and medical records. The form also keeps the date of effective compensation benefits in the event you are successful in your case.
If all the required information is submitted when all the information is in, the VA will schedule an examination for you. The VA will schedule an exam according to the number of disabilities and the type you are claiming. Be sure to take this exam, as in the event you fail to take it this could affect your claim.
Once the examinations are complete Once the examinations are complete, the VA will examine the evidence and then send you a decision packet. If the VA denies your claim you have one year from the date of the letter to request a higher-level review.
A lawyer can assist you at this point. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is an enormous benefit to those who seek disability benefits.
How do I appeal a denial?
Denial of veterans' disability benefits can be frustrating. Fortunately, the VA has an appeals process for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your notice of disagreement, you have to tell the VA why you are not happy with their decision. You don't need to list every reason, Veterans Disability Litigation but you must be clear about the issues you disagree with.
You should also request your C file or claims file so that you can determine the evidence that the VA used to reach their decision. Most of the time there are missing or incomplete records. This can result in an error in the rating.
If you submit your NOD you must choose whether you want to have your case reviewed by a Decision-Review Officer or by the Board of veterans disability claim Appeals. In general, you'll have a better chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.
When you request a DRO review, you have the option of asking for an individual hearing before a senior rating specialist. The DRO will conduct the review of your claim on a "de de novo" basis, meaning they don't give deference the previous decision. This typically results in a completely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest taking appeals route and typically takes one to three years to receive a new decision.
How much will a lawyer charge?
Lawyers may charge a fee to help you appeal an VA disability decision. The law in place today does not permit lawyers to charge for initial assistance in a claim. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. Typically, these fees will be paid directly out of the lump-sum payments that you receive from the VA.
Veterans can search the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans disability compensation and their dependents or survivors in a variety of issues such as disability compensation and pension claims.
Most disability advocates for veterans are paid on an hourly basis. This means that they are only paid if they succeed in winning the appeal of the client and get back pay from the VA. The amount of back pay granted varies, but could be as much as 20 percent of the claimant's total past due benefit award.
In rare instances, an agent or attorney might decide to charge on an the hourly basis. However, this is not the norm due to two reasons. First, these issues are usually time-consuming and can take months or even years. Second, most veterans and their families cannot afford to pay for these services on an hourly basis.
