How Veterans Disability Case Has Transformed My Life The Better

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Ken counsels military veterans to help them obtain the disability benefits 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 Affairs discriminated for decades against Black veterans by discriminating against their disability claims.

What is an VA disability?

The disability rating determines the amount of monthly compensation paid to veterans disability attorney with service-related disabilities. This rating is based upon the severity of an injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30 percent, etc.). The compensation is tax-free and provides basic income for disabled veterans and their family.

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

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

Code of Federal Regulations lists a variety of conditions that make a veteran eligible for disability compensation. Certain of these conditions, however, require an expert's opinion. An experienced lawyer can help a customer obtain an opinion, and also provide the evidence required to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to ensuring that our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights an integral part of his practice.

How do I submit a claim?

Veterans must first gather the medical evidence of their disability. This includes X-rays and doctor's reports or other documentation related to their condition. It is important to provide these records to VA. 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 submit an intent to file. This form allows the VA examine your claim even before you have all the required information and medical records. It also keeps your date of eligibility for compensation benefits if you win your case.

The VA will schedule your medical exam after all the required information has been received. The VA will schedule an examination depending on the number of disabilities and the type of disability you're claiming. In the event that you do not attend this exam, it could delay the processing of your claim.

Once the tests are complete Once the examinations are complete, the VA will examine the evidence and give you a confirmation packet. If the VA denies your claim, Veterans Disability Litigation you have one year from the date of the letter to request a more thorough review.

A lawyer can assist you at this point. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans disability settlement can be frustrating. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. It is not necessary to list every reason, but you must state all the issues that you don't agree with.

It's also important to request your C-file (claims file) so that you can view the evidence the VA used to make their decision. Often times there are gaps or incomplete records. This can lead to an error in the rating.

When you submit your NOD you must choose whether you prefer to have your situation 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 examines your case than when it's reviewed by BVA.

You can request a personal hearing with a senior rating expert via an DRO review. The DRO will conduct the review of your claim on a "de de novo" basis, which means that they don't give deference the previous decision. This usually results in an entirely new Rating Decision. You can also choose to have your claim reviewed by 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 can an attorney charge?

A lawyer could charge a fee to assist you appeal a VA disability decision. The law currently does not allow lawyers to charge fees for initial assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

veterans disability lawyers can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. They have been vetted by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors in a variety of issues including pension and disability compensation claims.

Most veterans' disability advocates operate on a contingent basis. They only receive compensation when they succeed in winning their client's appeal and also receive back pay from VA. The amount of backpay that is awarded can vary, but it can be as high as 20 percent of a claimant's past due benefits.

In rare instances an attorney or agent may choose to charge on an hourly basis. This is rare for two reasons. First, these issues are usually time-consuming and can drag on for months or even years. The second reason is that many veterans and their families cannot afford an hourly fee.