A How-To Guide For Veterans Disability Case From Start To Finish

Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. He is also a lawyer for 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 disproportionately denying their disability claims.

What is an VA Disability?

The amount of monthly monetary compensation paid to veterans with disabilities resulting from service is based on their disability rating. This rating is based upon the severity of the injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20% 30%, 20%, etc.). The compensation is tax-free and provides basic income for disabled veterans disability lawsuits and their family.

VA offers additional compensation through other programs, such as individual unemployment, clothing allowances as well as prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the regular disability compensation.

The Social Security Administration also gives veterans special credits that they can use to boost their earnings over time to qualify for retirement or disability benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. However, a few of these conditions require an expert's advice. An experienced veteran lawyer can help a client obtain this opinion and provide the proof needed to prove a claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are familiar with the intricacies of VA regulations and laws. Our firm was founded in 1996 by a disabled veteran who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.

How do I submit a claim?

First, veterans must find the medical evidence supporting their impairment. This includes X-rays and doctor's reports, or other documents that relate to their health. It is essential to submit these documents to the VA. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).

The next step is to file an intent to file. This form permits the VA to begin reviewing your claim, even before you have all the medical records you need. It also preserves your effective date for compensation benefits should you prevail in your case.

If all the required information is received When all the information is submitted, the VA will schedule an examination for you. This will depend on the quantity and type of disabilities you are claiming. Make sure you take the exam, since if you miss it this could affect your claim.

After the examinations are completed Once the examinations are complete, after the examinations are completed, VA will examine the evidence and give you a decision package. If the VA refuses to accept the claim you'll have a year to request a higher level review.

At this point, a lawyer can assist you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is hugely beneficial to people seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be frustrating. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your notice of disagreement, you should tell the VA the reasons you don't agree with their decision. You don't have to list every reason, but you must list all the points you disagree with.

It is also essential to request your C-file (claims file) to see the evidence the VA used in making their decision. There are often documents that are not complete or have been deleted. 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 to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll be more likely to have success with the DRO review DRO review than with the BVA.

With an DRO review you have the option of requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct an investigation of your claim on an "de novo" basis, meaning they will not give any deference to the previous decision. This typically results in an entirely new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the longest appeals process and it can take up to three years for an update on the decision.

How much can a lawyer charge?

A lawyer can charge a fee for helping appeal a VA decision regarding the basis of disability. But, current law prohibits lawyers from charging for assistance when submitting a claim. This is due to the fact that the fee must be contingent on the lawyer winning your case or getting your benefits increased by an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans can use the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors on a range of issues including disability compensation and pension claims.

Most veterans' disability advocates are paid on an hourly basis. They only receive compensation when they succeed in winning their client's appeal and they receive back pay from VA. The amount of backpay given can be different but can be as high as 20 percent of a claimant's past due benefits.

In rare instances, an agent or lawyer might choose to charge an hourly rate. This isn't often the case due to two reasons. First, these situations are usually time-consuming and can take months or even years. In addition, many veterans and their families are unable to afford to pay an hourly rate.