Why Veterans Disability Case Should Be Your Next Big Obsession

Veterans Disability Litigation

Ken advises veterans of the military to help them get the disability benefits they deserve. He also represents clients at VA Board of mount sterling veterans disability lawyer 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 a VA Disability?

The amount of monetary compensation per month paid to veterans with service-related disabilities is based on their disability rating. The rating is determined by the severity of the injury or illness and can range from 0% to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The amount is devoid of tax and provides a minimum income to the disabled veteran and his family.

VA offers additional compensation through other programs, for example individual unemployment, clothing allowances prestabilization and hospitalization, automobile allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

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

A majority of the conditions that allow a veteran for disability compensation are mentioned in the Code of Federal Regulations. Certain of these conditions however require an expert’s opinion. A seasoned veteran attorney can assist a customer in obtaining an opinion, and also provide the necessary evidence to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients to receive the benefits they’re entitled to. We have handled a variety of disability cases and are well-versed with the intricacies of VA regulations and laws. Our firm was founded in 1996 by a disabled vet who, after successfully representing himself at a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans 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 and doctor’s notes or other evidence that relate to their health. Providing these records to the VA is essential. If a veteran doesn’t have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This is a form that allows the VA to review your claim even before you have all the information and medical records you require. This form also preserves the date you can start receiving your compensation benefits in the event that you win your case.

If all the required information is provided when all the information is in, the VA will schedule an examination for you. This will depend on the quantity and type of disability you claim. Attend this exam as missing it could delay the process of submitting your claim.

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

A lawyer can be of assistance in this situation. Accredited lawyers from VA can be involved in appeals right from the beginning, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans’ disability benefits can be frustrating. The VA has an appeals process for these decisions. The first step is to send the Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement you must tell the VA the reason you don’t like their decision. You don’t have to give every reason, but you must be clear about the issues you don’t agree with.

It is also essential to request your C-file (claims file) to see the evidence the VA used in making their decision. Most of the time there are no or incomplete records. This can sometimes lead to an error in the rating.

If you submit your NOD it is up to you to decide if would like to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you’ll have a better chance of success with the DRO review DRO review than with the BVA.

When you request a DRO review you can request an individual hearing with a senior vimeo rating specialist. The DRO will conduct the review of your claim on a “de novo” basis, which means that they do not give deference to the previous decision. This typically results in a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most time lengthy appeals procedure and typically takes anywhere from one to three years to obtain a new decision.

How much can an attorney charge?

A lawyer may charge a fee to help you appeal the VA decision on a disability claim. However, current law prevents lawyers from charging fees for assistance with a claim. This is because the fee has to be dependent on the lawyer prevailing in your case or receiving your benefits increased as a result of an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans can use the VA’s database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a variety of matters including disability compensation and pension claims.

Most disability advocates for veterans work on a contingency. This means that they only get paid if they win the client’s appeal and are awarded back payment from the VA. The amount of backpay paid can vary but it could be as high as 20 percent of the claimant’s past-due benefits.

In rare instances attorneys or agents may choose to charge on the hourly basis. This is not common due to two reasons. These matters can take a long time to resolve. The second reason is that most veterans and their families cannot afford to pay for these services on an hourly basis.