What Veterans Disability Case Experts Want You To Know

veterans disability attorneys Disability Litigation

Ken assists veterans to obtain the disability benefits they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans disability lawyers for decades, rejecting their disability claims in adisproportionate way as per a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

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 an injury or illness, and can range between 0% and 100% in increments of 10% (e.g. 20 percent 30%, 20%, etc.). The compensation is free of tax and provides a basic income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation like individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

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

Many of the conditions that make veterans for disability compensation are listed in the Code of Federal Regulations. Some of these conditions, however, require an expert's opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the evidence needed to support a claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients obtain the disability benefits that they deserve. We have handled thousands of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who after securing his own representation at a Board of Veterans Appeals Hearing, made veterans' rights the top priority in his practice.

How do I make a claim?

First, veterans must track down the medical evidence that supports their impairment. This includes X-rays, doctor's reports or other documentation related to their health. The submission of these records to the VA is very important. If a veteran doesn't have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This is a form that allows the VA to begin reviewing your claim, even before you have all the medical records you require. It also keeps your effective date for compensation benefits should you prevail in your case.

When all the information is submitted after all the information has been received, the VA will schedule an exam for you. It will depend on the quantity and type of disability you claim. Make sure that you take this test, because should you miss it the exam could delay your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA decides to deny the claim, you'll have one year to request a more extensive review.

At this moment, a lawyer will assist you. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a huge benefit to those who are seeking disability benefits.

How do I appeal a denial?

The denial of veterans' disability benefits is a frustrating experience. Fortunately that the VA has an appeals process for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice Of Disagreement you should state to the VA why you are not happy with their decision. It is not necessary to list every reason, but you should mention all the aspects you disagree with.

It is also essential to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. Sometimes there are no or insufficient records. In some cases, this can lead to an error in the rating decision.

If you file your NOD, you'll be asked if you would like your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a higher chance of success with the DRO review DRO review than with the BVA.

You can request a personal hearing with a senior rating expert through an DRO review. The DRO will conduct the review of your claim on an "de de novo" basis, meaning they don't give deference the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can 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 appeal to be heard.

What is the cost an attorney could charge?

Lawyers can charge a fee to assist appeal an VA decision regarding a disability claim. However, current law prohibits lawyers from charging fees to assist with a claim. The fee is only due if the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans can use the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors on a range of issues such as disability compensation and pension claims.

The majority of veterans' disability advocates are paid on the basis of a contingent. They only get paid when they win their client's appeal, and they receive back pay from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total past due benefit.

In rare instances, an agent or attorney may decide to charge an an hourly basis. This is not common due to two reasons. First, these situations can be time-consuming and can last for months or even years. Additionally, many veterans and their families can't afford to pay an hourly fee.