Veterans Disability Litigation
Ken assists veterans in obtaining the disability benefits they are entitled to. He also represents 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 denial of their disability claims.
What is what is VA disability?
The disability rating determines the amount of compensation per month paid to veterans with service-related disabilities. The rating is based on the severity of the illness or injury and can vary from 0% to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.
VA offers additional compensation through other programs, like individual unemployment, clothing allowances, hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credit that they can utilize to increase their lifetime earnings and be eligible for disability or retirement benefits. These credits are referred to as “credit for service.”
Many of the conditions that make disabled veterans for disability benefits are included in the Code of Federal Regulations. However, some of these conditions require an expert opinion. An experienced veteran attorney can assist a customer in obtaining an opinion, and also provide the evidence needed to support the claim of disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the benefits they’re entitled to. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.
How do I make a claim?
The first step is to track down the medical evidence that supports their disability. This includes Xrays, doctor’s reports or any other documentation that relate to their medical condition. The submission of these records to the VA is crucial. If a veteran doesn’t have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intention to file. This form permits the VA to begin reviewing your claim before you have all the medical records you need. It also protects your date of eligibility for compensation benefits in the event that you win your case.
The VA will schedule your appointment after all the information is received. The VA will schedule an exam based on the number of disabilities as well as the type of disability you claim. Make sure you attend this exam, as should you miss it, it could delay your claim.
The VA will send you a decision document once the examinations have been completed. If the VA refuses to accept the claim you will have one year to request a more thorough review.
A lawyer can assist you at this point. VA-accredited lawyers are now involved in the appeals from the beginning, which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a difficult experience. Fortunately, the VA has an appeals process for these decisions. The first step is to send the Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement, you should explain to the VA why you were dissatisfied with their decision. You don’t need to list every reason but you should list everything that you disagree on.
You must also request your C-file, or claims file, to determine the evidence that the VA used to make their decision. Often times, there are missing or insufficient records. This could lead to an error in the rating.
After you have submitted your NOD, it will be asked if you would like your case reviewed by the Board of meridian veterans disability lawsuit 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.
In the event of a DRO review you have the option of asking for an individual hearing before a senior rating specialist. The DRO will conduct the review of your claim on the basis of a “de de novo” basis, which means they do not give deference to the previous decision. This typically results in a completely new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most lengthy appeals procedure and can take up to three years for an appeal to be heard.
What is the cost an attorney could charge?
Lawyers can charge a fee for helping you appeal an VA decision regarding a disability claim. But, current law prohibits lawyers from charging fees for assistance when submitting a claim. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.
Veterans may be able to find accredited representatives through the VA’s searchable database that lists licensed attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent service members, Buena Park Veterans Disability Lawyer and their dependents or survivors in a range of issues including pension and disability compensation claims.
Most disability advocates for cambridge veterans disability lawsuit are paid on an hourly basis. This means that they are only paid if they prevail in the client’s appeal and are awarded back payment from the VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant’s past-due benefit award.
In rare instances an attorney or agent may decide to charge on an per hour basis. This is rare for two reasons. These issues can take months or even years to resolve. The second reason is that most veterans and their families can’t afford to pay for these services on an hourly basis.