Is Veterans Disability Case The Same As Everyone Says

Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability compensation they are entitled to. Ken also represents his clients in VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans disability attorney for a long time by disproportionately rejecting their disability claims as per a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The disability rating determines the amount of compensation per month paid to veterans with service-related disabilities. This rating is based on the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation such as individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credits they can utilize to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These credits are referred to as "credit for service."

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

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits that they deserve. We have handled thousands of disability cases and are conversant with the complexities of VA regulations and laws. Our firm was started by a disabled vet who made fighting for veterans' rights a major part of his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first find the medical evidence of their impairment. This includes Xrays or doctor's reports, as well with any other documentation that is related to the veteran's condition. It is vital to provide these documents to the VA. If a veteran does not have these documents, they should 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 is a form that allows the VA to begin reviewing your claim even before you have all the information and medical records you require. It also protects your effective date for compensation benefits when you win your case.

When all the data is received when all the information is in, the VA will schedule an examination for you. The VA will set the date for the examination according to the number of disabilities as well as the type of disability you're claiming. Make sure that you take this test, because should you miss it this could affect your claim.

The VA will provide you with a decision package after the tests have been completed. If the VA denies your claim you have one year from the date of the letter to request a more thorough review.

A lawyer can assist you at this point. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a huge benefit to those who are seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans is a frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA why you are not happy with their decision. You don't have to list every reason, but you should be clear about the issues you disagree with.

It's also important to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. There are often incomplete or missing records. In some cases, this can lead to an error in the rating decision.

When you file your NOD you must choose whether you would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a greater chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will conduct a review of your claim on a "de novo" basis, meaning they do not give deference to the previous decision. This usually results in a completely new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most lengthy appeals process, and it could take up to three years for an appeal to be heard.

How much can an attorney charge?

A lawyer can charge a fee to assist appeal the VA decision regarding an appeal for disability. However, current law prohibits lawyers from charging fees to assist with a claim. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans can identify accredited representatives by using the VA's searchable database for accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of issues including pension and disability compensation claims.

Most veterans' disability advocates work on a contingency. This means that they are only paid if they win the client's appeal and receive back payments from the VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's past-due benefit.

In rare instances, an agent or attorney may decide to charge an the basis of an hourly rate. However, this is not the norm due to two reasons. First, these matters are often time consuming and can go on for months or even years. In addition, many veterans and their families are unable to afford to pay an hourly fee.