A Complete Guide To Veterans Disability Case

Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, rejecting their disability claims in adisproportionate way as per a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. This rating is based upon the severity of the injury or illness and can vary between zero and 100% in increments of 10 percent (e.g. 20 percent 30%, 20%, etc.). The amount is devoid of tax and provides a basic amount of income to the disabled veteran and his family.

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 the basic disability compensation.

The Social Security Administration also gives veterans disability case disability law (click to find out more) special credits that they can use to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These extra credits are referred to as "credit for service."

Many of the conditions that qualify veterans for disability compensation are included in the Code of Federal Regulations. Some of these conditions, however require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and provide the evidence required to prove a claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients obtain the benefits they're entitled to. We have handled hundreds of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans rights a major part of his practice after successfully representing himself in a Board of veterans disability case Appeals hearing.

How do I claim a benefit?

The first step is to find the medical evidence supporting their impairment. This includes Xrays or doctor's reports, as in any other documentation related to the veteran's condition. Providing these records to the VA is vital. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

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

Once all the information is in, the VA will schedule an appointment for you. This will be dependent on the amount and type of disability you claim. Make sure that you take this test, because if you miss it, it could delay your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA rejects your claim, you have one year from the date of the letter to request a more thorough review.

A lawyer can help in this situation. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability attorney' disability benefits can be a source of frustration. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your notice of disagreement, you have to tell the VA the reason you don't like their decision. You don't need to list every reason, but you must list all the points you don't agree with.

You should also request your C file, or claims file, to determine the evidence that the VA used to arrive at their decision. Most of the time, there are missing or insufficient records. In some instances this could lead to an error in the rating decision.

If you file your NOD, it will be asked if you would like your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success when the DRO examines your case than when it's reviewed by the BVA.

If you are subject to an DRO review you have the option of asking for an individual hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on the basis of a "de de novo" basis, Veterans disability law meaning they will not give any deference to the previous decision. This typically results in a totally new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the longest lengthy appeals procedure and typically takes between one and three years for an updated decision.

What is the cost an attorney could charge?

A lawyer can charge a fee for assisting you appeal an VA disability decision. The law currently does not allow lawyers to charge for initial assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits by filing an appeal. Typically these fees are directly derived from any lump-sum payments you receive from the VA.

Veterans may be able to locate accredited representatives using the VA's searchable database that lists accredited attorneys or claims representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of matters including disability compensation and pension claims.

Most veterans' disability advocates are paid on a contingent basis. They only get paid when they are successful in defending their client's case, and they are also paid back from VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total benefit award.

In rare instances, an agent or attorney may decide to charge an the basis of an hourly rate. This is uncommon due to two reasons. First, these cases are usually time-consuming and can last for months or even years. In addition, the majority of veterans and their families cannot afford to pay on an hourly basis.