5 Must-Know-Practices Of Veterans Disability Case For 2023

Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. He also represents his clients in VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by discriminating against their disability claims as per the lawsuit filed this week by Yale Law School’s Veterans Legal Services Clinic.

What is a VA disability?

The amount of monthly monetary compensation given to veterans with service-related disabilities is based on their disability rating. This rating is based upon the severity of the illness or injury and can be as low as 0% and up to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The compensation is free of tax and provides a basic income to the disabled veteran and his family.

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

In addition to these benefit programs, the Social Security Administration gives military veterans special credits to boost their lifetime earnings for disability or retirement benefits. These additional credits are referred to as “credit for service.”

A majority of the conditions that allow an individual for disability compensation are included in the Code of Federal Regulations. However, a few of these conditions require an expert opinion. An experienced lawyer can help a customer obtain this opinion and provide the evidence required to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself at a Board of Veterans Appeals Hearing and making veterans’ rights an integral part of his practice.

How do I make a claim?

The first step is to track down the medical evidence for their disability. This includes Xrays or doctor’s notes, as well in any other documentation related to the condition of the veteran. Making these records available to the VA is crucial. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).

The next step is to file 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 preserves your effective date for compensation benefits when you win your case.

If all the required information is submitted When all the information is submitted, the VA will schedule an exam for you. The VA will schedule the exam in accordance with the amount of disabilities you have and the type you are claiming. Make sure you attend this exam, as in the event you fail to take it and fail to take it, it could hinder your claim.

The VA will provide you with a decision package once the examinations have been completed. If the VA denies your claim you have a year from the date of the letter 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 a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be frustrating. Thankfully, the VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office which sent you the decision on Rating. In your notice of disagreement, you should tell the VA why you are not happy with their decision. You don’t have to list all the reasons but you should include everything that you disagree on.

You should also request your C file or claims file so that you can see the evidence that the VA used to make their decision. There are usually incomplete or missing records. In certain cases this could lead to an error in the rating decision.

When you submit your NOD you must decide whether you want to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you’ll have a greater chance of success when the DRO examines your case than if it’s reviewed by the BVA.

You can request a private hearing with an expert in senior ratings through an DRO review. The DRO will review your claim “de novo” this means they will not defer to the previous decision. This typically results in an entirely new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most time taking appeals route and typically takes between one and three years for an updated decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee to help you appeal an VA disability decision. The current law does not permit lawyers to charge for initial assistance in a claim. This is because the fee must be contingent upon the lawyer winning your case or getting your benefits increased through an appeal. Typically, these fees will be paid directly out of any lump-sum payment you receive from the VA.

Veterans may find accredited representatives via the VA’s searchable database that lists accredited attorneys or claims representatives. These individuals have been approved by the Department of Veterans Affairs to represent jefferson veterans disability lawsuit, service members or their dependents in a range of issues including disability compensation and pension claims.

Most disability advocates for veterans are paid on an hourly 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 that is paid varies, but may be as high as 20 percent of the claimant’s total past-due benefit award.

In rare instances an attorney or agent might decide to charge an hourly rate. However, this is not the norm due to two reasons. These issues can take months or years to be resolved. In addition, the majority of veterans and their families cannot afford to pay on an hourly basis.