10 Unexpected Veterans Disability Case Tips

Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims in the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The disability rating determines the amount of monthly payments to veterans with 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% (e.g. 20 percent 30, 30 percent, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their family.

VA offers additional compensation through other programs, including individual unemployment, clothing allowances as well as prestabilization and hospitalization automobile allowances, Veterans Disability Litigation and hospitalization allowances. These benefits are in addition to basic disability compensation.

In addition to these benefit programs the Social Security Administration gives military veterans disability compensation special credit to boost their earnings over the course of their lives for disability or retirement benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which allow veterans disability litigation to be eligible for disability compensation. However, certain conditions require an expert's opinion. An experienced lawyer can help a customer obtain this opinion and Veterans Disability Litigation provide the evidence required to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits that they deserve. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after securing his own representation in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.

How do I submit a claim?

First, veterans disability lawsuit need to locate the medical evidence to prove their disability. This includes X-rays and doctor's reports or any other documentation that relate to their medical condition. Providing these records to the VA is crucial. If a veteran does not have these documents then the VA must be informed by the applicant (or their VSO).

The next step is a filing of an intent to file. This form allows the VA to begin reviewing your claim even before you have all the medical records you need. This form also ensures the date on which you will receive your compensation benefits in the event that you have a successful case.

The VA will schedule your exam after all the information has been received. The VA will schedule an exam according to the number of disabilities as well as the type of disability you claim. Make sure that you take this test, because If you don't the exam could delay your claim.

Once the tests are complete After the examinations are completed, the VA will examine the evidence and send you a decision-making packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.

A lawyer can help at this point. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is hugely beneficial to those who seek disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a gruelling experience. The VA provides an appeals procedure to appeal these decisions. The first step is to make a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA why you are not happy with their decision. You don't have to give every reason, but you must mention all the aspects you don't agree with.

It's also crucial to request your C-file (claims file) so that you can view the evidence the VA used to make their decision. There are usually insufficient or missing records. This can lead to an error in the rating.

When you file your NOD, you'll be asked to select whether you would like your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll be more likely to have success when you opt for a DRO review than with the BVA.

In the event of an DRO review you can request an individual hearing with an experienced senior rating specialist. The DRO will examine your claim "de novo", meaning that they will not rely on the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the longest demanding appeals process and usually can take between one and three years to get an updated decision.

How much does a lawyer charge?

A lawyer can charge a fee to help you appeal a VA decision on the basis of disability. The law as it stands today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits through an appeal. Typically the fees are paid directly from any lump-sum payments you get from the VA.

Veterans may be able to find accredited representatives through the VA's searchable database of accredited attorneys or claims representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad range of issues that include disability compensation claims and pension claims.

Most veterans disability attorney' disability advocates are paid on an hourly basis. This means that they will only be paid if they succeed in winning the appeal of the client and receive back payment from the VA. The amount of back pay that is given varies, but it can be as much as 20 percent of the claimant's total benefits.

In rare instances, an agent or lawyer may choose to charge an hourly fee. This isn't often the case due to two reasons. First, these issues are often time consuming and can drag on for months or even years. Second, most veterans and their families can't afford to pay on an hourly basis.