10 Veterans Disability Case Related Projects That Can Stretch Your Creativity

Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, generally denying their disability claims as per an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

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

VA provides additional compensation through other programs, like individual unemployment allowances for clothing, hospitalization and prestabilization, allowances for automobiles, and hospitalization allowances. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credits that they can use to increase their earnings over time to qualify for retirement or disability benefits. These additional credits are known as "credit for service."

A majority of the conditions that can qualify an individual for disability compensation are included in the Code of Federal Regulations. However, certain circumstances require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the evidence needed to support the claim for disability benefits.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to ensuring that our clients get the disability benefits that they deserve. We have handled thousands of disability cases and are knowledgeable 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 in 1996, decided to make veterans' rights an integral part of his practice.

How do I make a claim?

First, veterans must find the medical evidence to prove their condition. This includes X-rays, doctor's reports or other documentation relevant to their condition. Providing these records to the VA is essential. If a veteran does not have these documents, they must be given to the VA by the claimant or Veterans Disability their VSO (veteran service organization).

The next step is to file an intent to file. This is a form that permits the VA to review your claim even before you have all the information and medical records that you require. The form also keeps the date of effective compensation benefits if you are successful in your case.

The VA will schedule your appointment after all the required information is received. The VA will set the date for the examination in accordance with the severity of your disability and the type of disability you claim. Don't miss this exam because it could delay the process of submitting your claim.

The VA will send you a decision-making package when the examinations have been completed. If the VA refuses to accept the claim you have a year to request a more extensive review.

At this stage, a lawyer is able to assist you. VA-accredited lawyers can now be involved in the appeals from the start, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a difficult experience. The VA offers an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that 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 need to list every reason, but you should be clear about the issues you don't agree with.

It's also crucial to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. Often times there are no or incomplete records. In certain cases it could lead to an error in the rating decision.

When you file your NOD, you'll be asked to choose whether you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a better chance of success when you opt for the DRO review DRO review than with the BVA.

When you request a DRO review you can request an individual hearing before a senior rating specialist. The DRO will review your claim "de de novo" which means that they will not defer to the previous decision. This usually results in a new Rating Decision. You may also decide to request that the BVA in Washington review your claim. This is the longest appeals procedure and can take approximately three years to get an appeal to be heard.

How much does an attorney charge?

A lawyer may charge a fee for helping you appeal a VA disability decision. However, current law prohibits lawyers from charging fees for assistance in a claim. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans can use the VA's database of accredited attorneys or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or their dependents in a wide variety of cases, including disability compensation claims and pension claims.

Most disability advocates for veterans are paid on a contingency basis. This means that they are only paid if they win the client's appeal and are awarded back payment from the VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's past-due benefit award.

In rare instances lawyers or agents might decide to charge an hourly rate. However, this is uncommon due to two reasons. First, these matters are usually time-consuming and can go on for months or even years. In addition, many veterans and their families cannot afford an hourly fee.