The Reasons Veterans Disability Case Is Everywhere This Year

Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they deserve. Ken assists 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 Affairs discriminated for decades against Black veterans by discriminating against their disability claims.

What is what is VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have disabilities that are related to service. The rating is determined by the severity of the injury or illness and can range from 0% to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for disabled veterans and their families.

The VA also has other programs that provide additional compensation, such as individual unemployment, car allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

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

Code of Federal Regulations lists numerous conditions that qualify a veteran to receive disability compensation. Certain of these conditions, however require the opinion of an expert. An experienced lawyer can assist clients in obtaining this opinion and present the evidence required to prove an application for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans disability litigation in disability claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits they deserve. We have handled hundreds of disability cases and are knowledgeable in the complex nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans' rights a major part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

First, veterans need to find the medical evidence for their impairment. This could include X-rays, doctor's reports as well as any other documentation related to the veteran's condition. It is important to provide these records to VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intention to file. This form lets the VA to review your claim before you have the necessary information and medical records. The form also keeps the date of effective compensation benefits in the event you win your case.

The VA will schedule your exam after all the information has been received. It will depend on the quantity and type of disabilities you are claiming. In the event that you do not attend this exam, it could delay the process of 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 the claim, you have a year to request a higher level review.

At this moment, a lawyer will help you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a hugely beneficial to people seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a difficult experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice Of Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to give every reason, but you should be clear about the issues you don't agree with.

You should also request your C-file or claims file to determine the evidence that the VA used to reach their decision. Often times there are missing or incomplete records. In certain cases, this can lead to an error in the rating decision.

When you submit your NOD, it will be asked if you want your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO reviews your case than when it's reviewed by the BVA.

You can request a personal hearing with a senior rating expert through an DRO review. The DRO will review your claim "de novo", Veterans Disability Litigation meaning that they will not defer to the previous decision. This typically results in the issue of a new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the most time taking appeals route and typically takes one to three years for a new decision.

What is the average amount an attorney can charge?

Lawyers can charge a fee for helping appeal the VA decision on the basis of disability. The current law does not permit lawyers to charge fees for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans can look through the VA's database of accredited attorneys or claim agents to find accredited representatives. They are vetted by the Department of veterans disability attorney Affairs and are able to represent veterans, service members or dependents in a broad range of issues, including pension claims, disability compensation and claims.

Most disability advocates for veterans are paid on an ad-hoc basis. This means that they will only be paid if they prevail in the client's appeal and are awarded back pay from the VA. The amount of backpay given can be different however it could be as high as 20 percent of the claimant's past-due benefits.

In rare instances attorneys or agents may decide to charge on an an hourly basis. This isn't often the case due to two reasons. First, these matters can be time-consuming and can drag on for months or even years. The second reason is that most veterans disability legal and their families cannot afford to pay for these services on an hourly basis.