Veterans Disability Litigation
Ken counsels veterans of the military to help them obtain the disability benefits they deserve. He also represents his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims according to a lawsuit filed last week by Yale Law School’s Veterans Legal Services Clinic.
What is a VA disability?
The disability rating determines the amount of monthly compensation paid to veterans with disabilities that are related to service. The rating is based on the severity of the illness or injury and can range from 0% to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free and provides a basic income to the disabled veteran and their family.
VA offers additional compensation through other programs, such as individual unemployment allowances for clothing prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits that they can use to boost their lifetime earnings and be eligible for disability or retirement benefits. These extra credits are referred to as “credit for service.”
Many of the conditions that make an individual for disability compensation are mentioned in the Code of Federal Regulations. Certain of these conditions however, require an expert’s opinion. An experienced lawyer can assist a customer in obtaining an opinion, and also provide the evidence required to prove an claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled hundreds of disability cases and are knowledgeable in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself in an appeals hearing before the Board of Erwin veterans Disability Lawsuit Appeals Hearing, made veterans’ rights a priority for his practice.
How do I make a claim?
First, veterans need to track down the medical evidence supporting their impairment. This includes Xrays, doctor’s reports, or other documents related to their health. It is crucial to provide these records to VA. If a veteran doesn’t have these documents then the VA should be notified by the applicant (or their VSO).
The next step is a filing of an intent to file. This form allows the VA examine your claim even before you have the needed information and medical records. The form also keeps the date on which you will receive your compensation benefits if you win your case.
When all the data is received, the VA will arrange an examination for you. The VA will schedule the exam depending on the severity of your disability and the type of disability you’re claiming. Make sure you take the exam, since if you miss it this could affect your claim.
The VA will send you a decision document after the examinations are completed. If the VA decides to deny the claim, you’ll have one year to request a more thorough review.
At this stage, a lawyer is able to help you. VA-accredited lawyers can now be involved in appeals from the beginning, which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
A refusal of cresskill veterans disability lawsuit disability benefits can be a frustrating experience. Fortunately that the VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you should tell the VA the reasons you don’t agree with their decision. You don’t have to list all the reasons, but you should mention all the points you disagree with.
You must also request your C-file, or claims file, so that you can determine what evidence the VA used to reach their decision. There are often insufficient or missing records. In some cases it could lead to an error in the rating decision.
After you have submitted your NOD, the applicant will be asked to choose whether you would like your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you’ll have a higher chance of success if the DRO reviews your case than if it’s viewed by the BVA.
You can request a personal hearing with a senior rating expert via an DRO review. The DRO will conduct a review of your claim on a “de novo” basis, meaning they do not give deference to the previous decision. This usually results in an entirely new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the time demanding appeals process and usually can take between one and three years to obtain a new decision.
What is the average amount an attorney can charge?
A lawyer can charge a fee if you appeal the VA decision regarding an appeal for disability. But, current law prohibits lawyers from charging for initial assistance in a claim. This is due to the fact that the fee has to be dependent on the lawyer prevailing in your case or receiving your benefits increased as a result of an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.
Veterans are able to search the database of lawyers accredited to practice or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a vast spectrum of cases that include disability compensation claims and pension claims.
Most disability advocates for veterans are paid on a contingent basis. They only receive compensation when they are successful in defending their client’s case, and they receive back pay from VA. The amount of backpay that is given can be different but can be as high as 20 percent of the claimant’s past due benefits.
In rare cases an attorney or agent might choose to charge an hourly fee. However, this is not the norm for two reasons. These issues can take months or even years to resolve. Second, most veterans and their families can’t afford to pay on an hourly basis.