The Often Unknown Benefits Of Veterans Disability Case

Veterans Disability Litigation

Ken advises veterans of the military to help them get the disability compensation they deserve. Ken also represents his clients in VA Board of Boerne Veterans Disability Law Firm 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 harrison veterans disability law firm by disproportionately denying their disability claims.

What is a VA disability?

The disability rating determines the amount of monthly compensation paid to veterans with disabilities that are related to service. The rating is based on the severity of an illness or injury and can vary between zero and 100% in increments of 10% (e.g. 20 percent 30, 30%, etc.). The compensation is free of tax and provides a minimum income to the disabled veteran and his family.

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

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

Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. However, some of these conditions require an expert's opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the evidence needed to support a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients get the benefits they're entitled to. We have handled hundreds of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans rights a key part of his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first find the medical evidence to prove their disability. This includes X-rays and doctor's reports or other documentation that relate to their medical condition. It is important to provide these documents to the VA. If a veteran doesn't have these documents and the VA must be informed by the claimant (or their VSO).

The next step is a filing of an intent to file. This form allows the VA review your claim even before you have the necessary information and medical records. This form also protects the effective date of your compensation benefits in case you have a successful case.

The VA will schedule your medical exam when all information is received. This will be dependent on the number and type of disabilities you are claiming. Make sure you attend this test, because in the event you fail to take it the exam could delay your claim.

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

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

How do I appeal a denial?

A refusal of veterans disability benefits can be a gruelling experience. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice Of Disagreement you should state to the VA why you disagreed with their decision. You don't have to list all the reasons but you should include everything that you disagree on.

It's also important to request your C-file (claims file) to see the evidence that the VA used in making their decision. There are often documents that are not complete or have been deleted. This can sometimes lead to a mistake in the rating.

When you file your NOD, you'll be asked to decide if you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO examines your case rather than if it's viewed by the BVA.

You can request a personal hearing with an expert in senior ratings through the process of a DRO review. The DRO will examine your claim "de de novo" this means they will not defer to the previous decision. This usually results in a totally new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the time consuming appeals path and typically takes between one and three years to get a new decision.

What is the average amount an attorney can charge?

A lawyer could charge a fee to assist you appeal an VA disability decision. The law currently does not permit lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee is dependent on the lawyer prevailing in your case, or getting your benefits increased by an appeal. Typically the fees are directly derived from any lump-sum payment you receive from the VA.

Veterans may be able to find accredited representatives via the VA's searchable database that lists accredited attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and can represent service members, rensselaer veterans disability attorney or their dependents in a wide variety of cases including pension claims, disability compensation and claims.

Most veterans' disability advocates work on a contingency 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 paid can vary but can be as high as 20 percent of the claimant's past-due benefits.

In rare instances lawyers or agents could decide to charge an hourly rate. This is not common for two reasons. These issues can take months or years to resolve. In addition, many veterans and their families cannot afford to pay an hourly fee.