How Veterans Disability Case Transformed My Life For The Better

Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of veterans disability lawyer Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The disability rating determines the amount of monthly compensation paid to veterans with disabilities that are related to service. This rating is determined by the severity of an illness or injury, and can range between 0% and 100% in increments of 10% (e.g. 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their families.

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

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

Many of the conditions that qualify an individual for disability compensation are included in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A seasoned lawyer with experience can assist clients in obtaining this opinion and provide the evidence required to support an application for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans rights a key part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first locate the medical evidence that proves their disability. This includes Xrays or doctor's reports, as with any other documentation that is related to the veteran's condition. It is essential to submit 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 fill out an intent to file. This form allows the VA examine your claim even before you have the proper information and medical records. This form also ensures the date of effective compensation benefits in the event you have a successful case.

The VA will schedule your examination once all of the information has been received. This will be dependent on the amount and type of disability you claim. Be sure to take this exam, as if you miss it the exam could delay your claim.

Once the tests are complete after which the VA will review the evidence and send you a decision packet. If the VA refuses to accept the claim you will have one year to request a higher level review.

At this stage, a lawyer is able to help you. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is a an enormous benefit to those who are seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be extremely frustrating. The VA offers an appeals procedure to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your notice of disagreement, you must inform the VA the reasons you don't agree with their decision. It is not necessary to list every reason, but you must list all the points you don't agree with.

You should also request your C-file, or claims file, to determine the evidence that the VA used to reach their decision. In many cases there are no or incomplete records. In some instances this could result in an error in the rating decision.

When you submit your NOD you must decide whether you would like to have your case examined by a Decision Review Officer or by the Board of Veterans Disability law firms (mariskamast.net) Appeals. In general, you will be more likely to have success when you opt for a DRO review than with the BVA.

You can request a private hearing with a senior rating expert via a DRO review. The DRO will conduct an examination of your claim on a "de de novo" basis, which means that they will not give any deference to the previous decision. This usually will result in a brand new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the longest appeals procedure and can take up to three years for an update on the decision.

How much will a lawyer charge?

A lawyer may charge a fee to assist appeal the VA decision regarding a disability claim. The law as it stands today does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only due when the lawyer wins your case or increases your benefits by filing an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans are able to search the database of accredited attorneys or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors on a range of issues such as disability compensation and pension claims.

Most disability advocates for veterans are paid on a contingent basis. 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 paid varies, but may be as high as 20 percent of the claimant's past-due benefit award.

In rare cases attorneys or agents may choose to charge on an hourly basis. But, this isn't common due to two reasons. First, these situations tend to be time-consuming and can drag on for months or even years. The second reason is that many veterans and their families cannot afford to pay an hourly fee.