15 Interesting Facts About Veterans Disability Case That You Never Knew

Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

According to a lawsuit filed by the Yale Law School willits Veterans disability lawsuit Legal Services Clinic this week, the Department of Veterans Affairs discriminated for decades against Black veterans by denial of their disability claims.

What is an VA Disability?

The amount of monthly monetary compensation given to veterans with disabilities resulting from service is based on their disability rating. This rating is based upon the severity of an injury or illness, and can range between 0% and 100% in increments of 10% (e.g. 20% 30 percent, 30%, etc.). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.

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

The Social Security Administration also gives veterans a special credit they can utilize to increase their earnings over time to qualify for retirement or disability benefits. These additional credits are referred to as “credit for service.”

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. Some of these conditions, however 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 prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled hundreds of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself in an appeals hearing before the Board of Veterans Appeals Hearing, made veterans’ rights an integral part of his practice.

How do I submit a claim?

First, veterans need to find the medical evidence supporting their impairment. This includes X-rays, doctor’s notes or other evidence relevant to their medical condition. It is important to provide these records to VA. If a veteran does not have these documents and the VA must be informed by the applicant (or their VSO).

The next step is to make an intent to file. This form allows the VA to begin reviewing your claim, even before you have all the information and medical records you require. It also ensures that you have an effective date for receiving compensation in the event that you win your case.

Once all the information is in When all the information is submitted, the VA will schedule an appointment for you. The VA will schedule the exam in accordance with the severity of your disability and the type you are claiming. Make sure that you take the exam, since in the event you fail to take it this could affect your claim.

Once the examinations are complete After the examinations are completed, after the examinations are completed, VA will examine the evidence and send you a confirmation packet. If the VA denies the claim, you have a year to request a higher-level review.

At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to kodiak veterans disability attorney can be extremely frustrating. The VA provides an appeals procedure to appeal these decisions. The first step is to send a Notice Of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement, you should explain to the VA why you disagreed with their decision. You don’t need to list every reason, but you should be clear about the issues you disagree with.

It’s also crucial to request your C-file (claims file) to see the evidence the VA used to make their decision. There are often incomplete or missing records. This can lead to an error in the rating.

If 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 Appeals. In general, you’ll have a better chance of success if the DRO examines your case than when it’s reviewed by the BVA.

With the DRO review, you can request an individual hearing with an experienced senior rating specialist. The DRO will conduct an investigation of your claim on a “de de novo” basis, meaning they don’t give deference the previous decision. This usually results in the issue of a new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the most lengthy appeals procedure and can take up to three years for an update on the decision.

How much does a lawyer charge?

A lawyer could charge a fee to help you appeal a VA disability decision. But, current law prohibits lawyers from charging for assistance in a claim. This is due to the fact that the fee must be contingent upon the lawyer winning your case, or having your benefits increased through an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a variety of matters including disability compensation and pension claims.

Most veterans’ disability advocates are paid on an ad-hoc basis. This means that they will only be paid if they win the client’s appeal and receive back payment from the VA. The amount of backpay that is paid can vary but it could be as high as 20 percent of the 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 for two reasons. First, these issues are usually time-consuming and can go on for months or even years. In addition, many veterans and their families are unable to afford an hourly rate.