A Guide To Veterans Disability Case From Start To Finish
Veterans Disability Litigation
Ken counsels veterans of the military to assist them in getting the disability compensation they deserve. He also represents his clients in 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 discriminating against their disability claims.
What is a VA Disability?
The amount of monetary compensation per month that veterans disability settlement receive for service-related disabilities is determined on their disability rating. This rating is determined by the severity of an injury or illness and can range from 0% and 100% in increments of 10 percent (e.g. 20 percent 30, 30 percent, etc.). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans disability lawyers special credit that they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. Some of these conditions, however, require an expert's opinion. An experienced lawyer can assist a client to obtain this opinion and provide the proof needed to prove a claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and Veterans Disability Litigation appeals. We are dedicated to helping our clients receive the disability benefits that they are entitled to. We have handled thousands disability cases and are familiar with the complexities of VA regulations and laws. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.
How do I submit a claim?
Veterans must first gather the medical evidence to prove their impairment. This includes X-rays and doctor's reports, as well as any other documentation related to the condition of the veteran. It is vital to provide these documents to the VA. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to submit an intent to file. This form lets the VA to review your claim before you have the proper information and medical records. This form also preserves the date on which you will receive your compensation benefits in the event you win your case.
The VA will schedule your appointment after all the required information is received. The VA will schedule an exam based on the severity of your disability and the type you are claiming. In the event that you do not attend this exam, it could delay the processing of your claim.
The VA will send you a decision package after the examinations are completed. If the VA rejects the claim, you have a year to request a higher level review.
At this moment, a lawyer will assist you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit to people seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a difficult experience. Thankfully that the VA has an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement you should state to the VA why you were dissatisfied with their decision. You don't need to list every reason, but you should state all the issues that you don't agree with.
It is also essential to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. There are often incomplete or missing records. This can lead to an error in the rating.
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 more of a chance of success when the DRO reviews your case, compared to if it's viewed by the BVA.
In the event of a DRO review, you have the option of requesting an individual hearing with an experienced senior rating specialist. The DRO will conduct a review of your claim on an "de de novo" basis, which means that they will not give deference to the previous decision. This usually will result in a brand new Rating Decision. You may also opt to have the BVA in Washington review your claim. This is the most lengthy appeals process and it can take approximately three years to get an appeal to be heard.
How much will a lawyer charge?
A lawyer may charge a fee if appeal the VA decision on an appeal for disability. However, current law prohibits lawyers from charging for assistance in a claim. This is due to the fact that the fee is dependent on the lawyer prevailing in your case or getting your benefits increased by an appeal. Typically, these fees will be directly derived from any lump-sum payments you receive from the VA.
Veterans can use the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors in a variety of matters including disability compensation and pension claims.
Most disability advocates for veterans are paid on an hourly basis. This means that they will only be paid if they are successful in winning the client's appeal and are awarded back payments from the VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's past-due benefit.
In rare instances, an agent or attorney might decide to charge on an the basis of an hourly rate. This isn't often the case due to two reasons. These issues can take months or years to be resolved. In addition, the majority of veterans and their families are unable to afford to pay for these services on an hourly basis.
