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ADATO VOCATIONAL SERVICES (561) 243-0345

VETERAN'S WITH SERVICE RELATED DISABILITIES:  info@adato.com
APPEALS CASES

The Role of a Vocational Expert (VE) in Veteran's with Service Related Disabilities Cases:

1)  INDIVIDUAL UNEMPLOYABILITY

The VA must determine that a Veteran's service related disability, "more likely than not", renders him or her unable to work.  While this is often a medical determination, the interaction of a Veteran's education, skill level and medical limitations can affect work ability.  A Vocational Expert can shed light on this interaction and prepare a report for an attorney or representative for use in an Appeal for disability benefits.

2)    EXTRA-SCHEDULAR BENEFITS

Additionally, a VE can be used to determine if a Veteran's Service Connected Disability reduces his employability in an effort to obtain Extra-Schedular Benefits. 

Since the VA accepts hearsay evidence, it becomes part of the record for consideration along with medical / psychological determinations.

Information on compensation rates and appeals, as published by the VA, are provided below:

Disability Compensation

Monetary benefits, called disability compensation, are paid to veterans who are disabled by injury or disease incurred or aggravated during active military service. The service of the veteran must have been terminated through separation or discharge under conditions that were other than dishonorable. Disability compensation varies with the degree of disability and the number of dependents, and is paid monthly. The benefits are not subject to federal or state income tax. The payment of military retirement pay, disability severance pay and separation incentive payments known as SSB and VSI (Special Separation Benefits and Voluntary Separation Incentives) also affect the amount of VA compensation paid.

Veterans and other claimants for VA benefits have the right to appeal decisions made by a VA regional office or medical center. Typical issues appealed are disability compensation, pension, education benefits, recovery of overpayments, medication copayment debts and reimbursement for medical services that were not authorized.

A claimant has one year from the date of the notification of a VA decision to file an appeal. The first step in the appeal process is for a claimant to file a written notice of disagreement with the VA regional office or medical center that made the decision. This is a written statement that a claimant disagrees with VA's decision.  Following receipt of the written notice, VA will furnish the claimant a "Statement of the Case" describing what facts, laws and regulations were used in deciding the case. To complete the request for appeal, the claimant must file a "Substantive Appeal" within 60 days of the mailing of the Statement of the Case, or within one year from the date VA mailed its decision, whichever period ends later.

U.S. Court of Veterans Appeals

A VA claim may be appealed from the Board of Veterans' Appeals to the Court of Veterans Appeals. This court is independent of the Department of Veterans Affairs. Only claimants may seek a review by the court; VA may not appeal BVA decisions.

The court does not hold trials or receive new evidence. The court reviews the record that was considered by the Board of Veterans Appeals. Oral argument is held only at the direction of the court. Either party may appeal a decision of the court to the U.S. Court of Appeals for the Federal Circuit and to the Supreme Court of the United States. Appellants may represent themselves before the court or have lawyers or approved agents as representatives.

LINKS OF INTEREST TO VETERANS

National Veteran's Legal Services Program (NVLSP)

Department of Veteran's Affairs (VA)

American Legion

Veterans of Foreign Wars