What Veterans Disability Case Experts Want You To Know
Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they are entitled to. 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 disability law, disproportionately refusing their disability claims.
What is what is VA disability?
The amount of monetary compensation per month that veterans receive for disabilities resulting from service is based on their disability rating. The rating is determined by the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.
VA offers additional compensation through other programs, like individual unemployment allowances for clothing, hospitalization and prestabilization, allowances for automobiles, and hospitalization allowances. These are in addition to basic disability compensation.
The Social Security Administration also gives veterans a special credit they can use to boost their earnings over time to qualify for retirement or disability benefits. These extra credits are referred to as "credit for service."
Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. However, some of these conditions require an expert's advice. A seasoned veteran attorney can help a customer obtain this opinion, and supply the evidence needed to support the claim of disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans disability lawyer claims and Veterans Disability Claim appeals. We are committed to ensuring that our clients get the disability benefits that they are entitled to. We have handled thousands disability cases and are well-versed with the intricacies of VA laws and procedures. Our firm was started by a disabled vet who made fighting for veterans rights a priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
First, veterans need to find the medical evidence supporting their disability. This includes X-rays, doctor's notes or other evidence that relate to their health. It is crucial to provide these records to VA. If a veteran doesn't have these documents and the VA must be informed by the claimant (or their VSO).
The next step is to make an intent to file. This form lets the VA review your claim even before you have the needed information and medical records. It also preserves your date of effective for benefits if you win your case.
The VA will schedule your medical exam once all of the information has been received. This will be dependent on the type and number of disabilities you are claiming. Make sure you attend this test, because if you miss it and fail to take it, it could hinder your claim.
The VA will send you a decision-making package once the examinations have been 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 be of assistance at this point. VA-accredited lawyers are now involved in appeals from the start, which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability claim (i thought about this) disability benefits can be a gruelling experience. The VA provides an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office which sent you the decision on Rating. In your notice of disagreement, you must tell the VA the reasons you don't agree with their decision. You don't have to include every reason however, you must mention everything you disagree with.
You should also request your C-file, or claims file, so that you can determine what evidence the VA used to reach their decision. Sometimes there are no or insufficient records. In some cases this could lead to an error in the rating decision.
When you file your NOD you must decide whether you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success when the DRO reviews your case, compared to if it's reviewed by the BVA.
With an DRO review you have the option of asking for a personal hearing before a senior rating specialist. The DRO will review your claim "de novo" which means that they will not rely on the previous decision. This typically will result in a brand new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the longest appeals process and it can take approximately three years to get an update on the decision.
How much will a lawyer charge?
Lawyers may charge a fee for assisting you appeal an VA disability decision. However, the law currently prohibits lawyers from charging fees for assistance when submitting a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits by filing an appeal. Typically, these fees will be paid directly from any lump-sum payments you receive from the VA.
Veterans can locate accredited representatives using the VA's searchable database that lists certified attorneys or claims agents. These people are accredited by the Department of veterans disability lawyer Affairs and are able to represent veterans, service members or dependents in a vast spectrum of cases such as pension and disability compensation claims.
Most disability advocates for veterans are paid on a contingency basis. This means that they are only paid if they are successful in winning the client's appeal and receive back payments from the VA. The amount of backpay paid can vary, but it can be as high as 20 percent of the claimant's past-due benefits.
In rare instances an attorney or agent could decide to charge an hourly fee. But, this isn't common for two reasons. First, these situations are usually time-consuming and can go on for months or even years. The second reason is that many veterans and their families can't afford to pay an hourly rate.
