How Do You Know If You're Ready To Veterans Disability Case

Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability benefits they deserve. Ken 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 disability law Legal Services Clinic this week the Department of veterans disability legal Affairs discriminated for decades against Black veterans disability lawsuit by disproportionately denying their disability claims.

What is what is VA disability?

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

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

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

A majority of the conditions that allow an individual for disability compensation are mentioned in the Code of Federal Regulations. However, certain conditions require an expert opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the evidence needed to prove a claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients get the disability benefits they deserve. We have handled thousands disability cases and are familiar with the complexities of VA laws and procedures. Our firm was founded by a disabled veteran who made fighting for veterans' rights a top priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I file a claim?

Veterans must first locate the medical evidence to prove their impairment. This could include X-rays, doctor's notes, as well with any other documentation that is related to the condition of the veteran. The submission of these records to the VA is vital. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).

The next step is a filing of an intention to file. This form permits the VA to review your claim, even before you have all the medical records you need. The form also keeps the effective date of your compensation benefits if you win your case.

If all the required information is received When all the information is submitted, the VA will schedule an appointment for you. This will be dependent on the quantity and type of disabilities you are claiming. Attend this exam as missing it could delay the processing of your claim.

After the examinations have been completed, the VA will examine the evidence and give you a decision package. If the VA refuses to accept the claim you will have one year to request a more thorough review.

A lawyer can help in this situation. Lawyers who are accredited by VA can now be involved in the appeals from the beginning which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you must inform the VA why you are not happy with their decision. You don't have to list every reason, but you should list all the points you disagree with.

It is also essential to request your C-file (claims file) to see the evidence that the VA used in making their decision. There are usually insufficient or missing records. In some instances this could lead to an error in the rating decision.

When you submit your NOD you must choose whether you would like to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success when the DRO examines your case than when it's reviewed 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 conduct a review of your claim on the basis of a "de de novo" basis, which means they do not give deference to the previous decision. This typically results in a totally new Rating Decision. You may also decide to request that the BVA in Washington review your claim. This is the longest appeals process, and it could take up to three years for a new decision.

How much can an attorney charge?

A lawyer can charge a fee to help you appeal a VA disability decision. The law in place today does not allow lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically these fees are directly derived from any lump-sum payments you get from the VA.

Veterans can identify accredited representatives by using the VA's searchable database of accredited attorneys or claims representatives. They have been vetted by the Department of veterans disability lawyer Affairs to represent service members, veterans and their dependents or survivors on a range of issues including disability compensation and pension claims.

Most veterans' disability advocates operate on a contingent basis. They only get paid when they succeed in winning their client's appeal and they receive back pay from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total past due benefit award.

In rare instances, an agent or lawyer might choose to charge an hourly fee. This is rare for two reasons. First, these situations are often time consuming and can drag on for months or even years. Additionally, many veterans and their families can't afford an hourly fee.