A An Instructional Guide To Veterans Disability Case From Start To Finish

Veterans Disability Litigation

Ken counsels military veterans to assist them in obtaining the disability compensation they are entitled to. He also represents clients at VA Board of Veterans 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 veterans by disproportionately denying their disability claims.

What is an VA Disability?

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

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

The Social Security Administration also gives clarksville veterans disability law firm a special credit they can use to boost their lifetime earnings so that they can qualify for retirement or disability benefits. These additional credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. However, certain conditions require an expert's opinion. A veteran lawyer with experience can help a customer obtain this opinion and provide the necessary evidence to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits that they deserve. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled vet who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.

How do I make a claim?

The first step is to look up the medical evidence that supports their impairment. This includes Xrays or doctor's reports as well with any other documentation that is related to the veteran's condition. Making these records available to the VA is vital. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intention to file. This is a form that permits the VA to review your claim, even before you have all the information and medical records that you require. This form also preserves the date on which you will receive your compensation benefits in the event you are successful in your case.

If all the required information is in, the VA will schedule an appointment for you. This will be dependent on the number and type of disability you claim. Make sure that you take the exam, since If you don't this could affect your claim.

The VA will send you a decision-making package after the examinations are completed. If the VA refuses to accept the claim you will have one year to request a more extensive review.

A lawyer can be of assistance at this point. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a very frustrating experience. The VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA why you were dissatisfied with their decision. You don't need 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) so that you can view the evidence that the VA used to make their decision. There are usually documents that are not complete or have been deleted. In some cases it could lead to an error in the rating decision.

After you have submitted your NOD, you'll be asked if you would like your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general, you'll have a higher chance of success when you opt for a DRO review than with the BVA.

When you request a DRO review, you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will examine your claim "de de novo" which means they will not defer to the previous decision. This typically results in an entirely new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the longest appeals procedure and can take up to three years for an update on the decision.

How much does a lawyer charge?

A lawyer may charge a fee to assist appeal a VA decision on a disability claim. However, current law prevents lawyers from charging for initial assistance with a claim. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans can search the VA's database of accredited attorneys or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a range of issues including disability compensation and pension claims.

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

In rare instances, an agent or lawyer might choose to charge an hourly rate. However, this is not the norm due to two reasons. First, these cases tend to be time-consuming and can drag on for months or even years. The second reason is that most veterans and their families can't afford to pay on an hourly basis.