Veterans Disability Litigation Ken assists veterans in obtaining the disability benefits they are entitled to. He assists his clients at VA Board of Veterans Appeals Hearings. The Department of Veterans Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims in 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 provided to veterans suffering from service-related disabilities is determined on their disability rating. The rating is based on the severity of an injury or illness and can range from 0% and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their family. The VA also offers other programs that offer additional compensation like individual unemployment, auto allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation. In addition to these benefit programs the Social Security Administration gives military veterans special credits to boost their earnings over the course of their lives for retirement or disability benefits. These additional credits are known as "credit for service." Many of the conditions that allow a veteran for disability compensation are described in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A veteran lawyer with experience can help a customer obtain this opinion and provide the necessary evidence to support a claim of disability compensation. Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients get the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complexity 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 and making veterans' rights an important aspect of his work. How do I make a claim? Veterans must first locate the medical evidence to prove their disability. This includes Xrays, doctor's reports, or other documents regarding their medical condition. It is vital to provide these records to VA. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization). The next step is the filing of an intention to file. This form lets the VA to review your claim before you have the needed information and medical records. It also protects your effective date for receiving compensation when you win your case. The VA will schedule your medical exam after all the information has been received. The VA will schedule an exam depending on the severity of your disability and the type you claim. Be sure to take the exam, since if you miss it the exam could delay your claim. After the examinations have been completed after which after the examinations are completed, VA will review the evidence and send you a decision packet. If the VA denies the claim, you have a year to request a higher-level review. A lawyer can help at this point. Accredited lawyers from VA can be involved in appeals from the beginning, which is a huge advantage for those who are seeking disability benefits. How do I appeal a denial? Denial of disability benefits for veterans can be extremely frustrating. Thankfully, the VA has an appeals procedure for these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you should tell the VA why you are not happy with their decision. You don't have to give every reason, but you should list all the points you don't agree with. You must also request a C-file, or claims file, so that you can determine the evidence that the VA used to make their decision. There are usually documents that are not complete or have been deleted. This can lead to an error in the rating. When you file your NOD you must choose whether you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when you opt for the DRO review DRO review than with the BVA. You can request a personal hearing with a senior rating expert through an DRO review. The DRO will conduct a review of your claim on a "de novo" basis, which means they will not give any deference to the previous decision. This typically results in the issue of a new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest appeals process and it can take up to three years to reach an update on the decision. How much can an attorney charge? A lawyer can charge a fee for helping appeal a VA decision regarding a disability claim. However, current law prevents lawyers from charging fees for assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits by filing an appeal. Typically, these fees will be directly derived from any lump-sum payments you get from the VA. Veterans can locate accredited representatives using the VA's searchable database of licensed attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent veterans, service members or their dependents on a range of issues including disability compensation and pension claims. Most disability advocates for veterans are paid on the basis of a contingent. They only get paid when they succeed in winning their client's appeal and they are also paid back from VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total past-due benefit amount. In rare instances an attorney or agent may choose to charge an hourly rate. However, this is not the norm for two reasons. First, these situations can be time-consuming and can go on for months or even years. The second reason is that many veterans and their families can't afford to pay an hourly rate.