Why Veterans Disability Case Is Your Next Big Obsession

Veterans Disability Litigation

Ken counsels veterans of the military to help them get the disability compensation they deserve. Ken is also a lawyer for 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 disproportionately denying their disability claims.

What is what is VA disability?

The disability rating determines the amount of monthly payments to veterans with disabilities that are related to service. The rating is based on the severity of an injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30, 30 percent, etc.). The compensation is exempt from tax and provides a minimum 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 hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

In addition to these benefit programs, in addition, the Social Security Administration gives military veterans disability law firms special credit to boost their earnings over the course of their lives for disability or retirement benefits. These additional credits are known as "credit for service."

Many of the conditions that allow veterans for disability compensation are listed in the Code of Federal Regulations. However, a few of these conditions require an expert's opinion. An experienced veteran attorney can assist a client in obtaining this opinion, and supply the necessary evidence to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans disability attorney claims and appeals. We are committed to helping our clients receive the benefits they're entitled to. We have handled thousands of disability cases and are familiar with the complexities of VA laws and procedures. Our firm was founded in 1996 by a disabled veteran who after securing his own representation in a Board of Veterans Appeals Hearing, made veterans' rights an integral part of his practice.

How do I claim a benefit?

First, veterans need to find the medical evidence that supports their impairment. This includes any X-rays, doctor's notes or other evidence related to their condition. It is vital to provide these records to VA. If a veteran does not have these documents, the VA should be notified by the claimant (or their VSO).

The next step is to submit an intent to file. This form lets the VA examine your claim even before you have the needed information and medical records. It also ensures that you have an date of eligibility for compensation benefits in the event that you win your case.

The VA will schedule your exam after all the required details have been received. The VA will schedule the exam according to the severity of your disability and the type you are claiming. If you fail to attend this test, it could delay the process of your claim.

The VA will send you a decision document after the tests have been completed. If the VA denies the claim, you will have one year to request a higher-level review.

At this stage, a lawyer is able to help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is submitting the Notice of Disagreement to the VA regional office which sent you the Rating decision. In your notice of disagreement, you have to tell the VA why you disagree with their decision. You don't have to list every reason, but you should list all the points you disagree with.

You must also request your C-file or claims file to see the evidence that the VA used to arrive at their decision. Often times there are no or insufficient records. In certain cases it could lead to an error in the rating decision.

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. In general you'll have a higher chance of success if the DRO reviews your case, compared to when it's reviewed by BVA.

You can request a private hearing with a senior rating expert through a DRO review. The DRO will review your claim "de de novo", meaning that they will not accept the previous decision. This usually results in the issue of a new Rating Decision. You can also have the BVA in Washington examine your claim. This is the time taking appeals route and typically takes anywhere from one to three years to get a new decision.

How much can an attorney charge?

A lawyer may charge a fee to help appeal a VA decision on an appeal for disability. The law in place today does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only due if the lawyer wins your case or increases your benefits by filing an appeal. Typically these fees are paid directly out of any lump-sum payments you receive from the VA.

Veterans may find accredited representatives via the VA's searchable database for accredited attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans or their dependents in a variety of matters including disability compensation and pension claims.

Most veterans' disability advocates work on a contingency basis. This means that they only get paid if they succeed in winning the client's appeal and receive back payments from the VA. The amount of backpay awarded can vary but can be as high as 20 percent of the claimant's past due benefits.

In rare instances, an agent or attorney may decide to charge an the basis of an hourly rate. This is uncommon due to two reasons. First, these issues are usually time-consuming and can last for months or even years. In addition, the majority of veterans and their families are unable to afford to pay on an hourly basis.