15 Veterans Disability Case Benefits You Should All Be Able To

Veterans Disability Litigation

Ken assists veterans in navigating the system to help them obtain the disability compensation they are entitled to. Ken assists his 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 denial of their disability claims.

What is an VA Disability?

The amount of monetary compensation per month given to veterans with service connected disabilities is based on their disability rating. This rating is based on the severity of the injury or illness and can vary from 0% to 100% in 10% increments (e.g., 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their families.

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

In addition to these benefit programs the Social Security Administration gives military veterans special credit to boost their disability or retirement benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Certain of these conditions however require the opinion of an expert. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the evidence required to prove an application for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients get the disability benefits that they are entitled to. We have handled thousands disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself in a Board of Veterans Appeals Hearing, made veterans' rights an integral part of his practice.

How do I submit a claim?

First, veterans must find the medical evidence that supports their disability. This includes any X-rays, doctor's notes or other evidence related to their health. The submission of these records to the VA is very important. If a veteran doesn't 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 form allows the VA examine your claim even before you have all the required information and medical records. It also keeps your effective date for receiving compensation if you win your case.

The VA will schedule your appointment after all the required information is received. It will depend on the number and type of disabilities you are claiming. Don't miss this exam because it could delay the processing of your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA rejects the claim, you'll have a year to request a higher-level review.

A lawyer can help you in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is hugely beneficial to people seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a difficult experience. Thankfully that the VA has an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you should state to the VA why you disagreed with their decision. You don't need 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) so that you can view the evidence the VA used in making their decision. Most of the time there are gaps or insufficient records. This can result in an error in the rating.

When you file your NOD, it will be asked to select whether you would like your case reviewed by an Board of Veterans Appeals or a Decision Review officer. In general, you'll be more likely to have success when you opt for a DRO review than with the BVA.

If you are subject to an DRO review, you have the option of requesting an individual hearing with a senior rating specialist. The DRO will conduct an examination of your claim on the basis of a "de de novo" basis, which means they do not give deference to the previous decision. This usually results in a new Rating Decision. You may also decide to have 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.

What is the average amount an attorney can charge?

Lawyers can charge a fee if you appeal the VA decision on a disability claim. However, current law prohibits lawyers from charging fees for assistance when submitting a claim. This is due to the fact that the fee must be contingent upon the lawyer winning your case or getting your benefits increased by an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans can use the VA's database of lawyers accredited to practice or claim agents to locate 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 range of issues including disability compensation and pension claims.

Most disability advocates for veterans are paid on an ad-hoc basis. This means that they will only be paid if they win the client's appeal and are awarded back payments from the VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total benefit amount.

In rare cases lawyers or agents might choose to charge an hourly fee. This is not common for two reasons. First, these cases tend to be time-consuming and can take months or even years. In addition, many veterans and their families don't afford to pay an hourly fee.