Veterans Disability Litigation
Ken assists Kaysville veterans disability lawyer to obtain the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School hermosa beach veterans disability lawsuit Legal Services Clinic this week, the Department of Veterans Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is an VA disability?
The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. This rating is determined by the severity of an injury or illness and can range from zero and 100% in increments of 10% (e.g. 20% 30 percent, 30%, etc.). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his family.
VA provides additional compensation through other programs, including individual unemployment allowances for clothing prestabilization and hospitalization, car allowances, 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 earnings over time to be eligible for disability or retirement benefits. These credits are referred to as “credit for service.”
Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. However, some of these circumstances require an expert’s opinion. A seasoned veteran attorney can assist a client in obtaining this opinion, and provide the evidence required to support the claim of disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability 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 in 1996 by a disabled veteran who after having successfully represented himself in a Board of Veterans Appeals Hearing and making veterans’ rights a priority for his practice.
How do I make a claim?
Veterans must first gather the medical evidence to prove their impairment. This includes Xrays or doctor’s notes, as well in any other documentation related to the veteran’s condition. Giving these records to VA is crucial. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).
The next step is a filing of an intention to file. This form lets the VA review your claim even before you have the proper information and medical records. It also ensures that you have an date of effective for benefits should you prevail in your case.
When all the data is provided When all the information is submitted, the VA will schedule an examination for you. This will be dependent on the amount and type of disability you claim. In the event that you do not attend this exam, it could delay the process of submitting your claim.
The VA will send you a decision package after the examinations are completed. If the VA refuses to accept the claim you have a year to request a higher-level review.
At this point, a lawyer can assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is hugely beneficial to people seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a very frustrating experience. The VA offers an appeals procedure for these decisions. The first step is to send the Notice of Disagreement to the VA regional office, which will then send 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 need to list every reason, but you must state all the issues that 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 incomplete or missing data. In certain cases it could lead to an error in the rating decision.
When you submit your NOD, you’ll be asked if you want your case reviewed either by an Board of liberty lake veterans disability law firm Appeals or a Decision Review officer. In general, you’ll be more likely to have 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 via the process of a DRO review. The DRO will conduct a review of your claim on an “de de novo” basis, which means they do not give 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 time taking appeals route and typically can take between one and three years to get a new decision.
What is the average amount an attorney can charge?
Lawyers may charge a fee to assist you appeal a VA disability decision. The current law does not permit lawyers to charge for assistance with a claim in the beginning. This is due to the fact that the fee is contingent upon the lawyer winning your case, or having your benefits increased through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.
Veterans are able to search the database of attorneys who are accredited or claim agents to find accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members or their dependents on a range of issues such as disability compensation and pension claims.
Most veterans’ disability advocates work on a contingency. This means that they are only paid if they succeed in winning the appeal of the client and receive back payment from the VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant’s total benefits.
In rare cases, an agent or lawyer could decide to charge an hourly rate. This isn’t often the case due to two reasons. These matters could take months or even years to be resolved. Additionally, many veterans and their families can’t afford an hourly rate.