moore veterans disability attorney Disability Litigation
Ken assists veterans to obtain the disability benefits they deserve. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by generally denying their disability claims in a lawsuit filed last week by Yale Law School’s elizabethtown veterans disability law firm Legal Services Clinic.
What is an VA disability?
The amount of monetary compensation per month that veterans receive for service-related disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20% 30%, 20 percent, etc.). The compensation is free of tax and provides a basic income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation such as individual unemployment, car allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their retirement or disability benefits. These extra credits are referred to as “credit for service.”
Many of the conditions that qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. Certain of these conditions however, require an expert’s opinion. An experienced veteran attorney can assist a client in obtaining this opinion and provide the evidence needed to support an claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to ensuring that our clients get the disability benefits that they are entitled to. We have handled thousands 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 at a Board of Veterans Appeals Hearing and making veterans’ rights an integral part of his practice.
How do I claim a benefit?
Veterans must first find the medical evidence that proves their impairment. This includes X-rays and doctor’s reports or any other documentation regarding their health. It is crucial to provide these records to VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to make an intent to file. This form permits the VA to review your claim, even before you have all the information and medical records that you require. It also keeps your effective date for receiving compensation when you win your case.
The VA will schedule your exam when all information has been received. The VA will schedule an examination based on the amount of disabilities you have and the type of disability you’re claiming. Make sure you attend this test, because in the event you fail to take it, it could delay your claim.
The VA will send you a decision-making package once the examinations have been completed. If the VA decides to deny the claim, you’ll have one year to request a higher level review.
A lawyer can help in this situation. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a hugely beneficial to those who are seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a very frustrating experience. 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 who sent you the decision on Rating. In your Notice Of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don’t have to list every reason, but you should state all the issues that you disagree with.
It’s also important to request your C-file (claims file) so that you can view the evidence the VA used to make their decision. There are usually incomplete or missing records. This could lead to a mistake in the rating.
When you file your NOD, you’ll be asked to choose whether you want your case reviewed by an Board of Veterans Appeals or a Decision Review officer. In general, you will have a better chance of success when you opt for a 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 novo” basis, meaning they don’t give deference the previous decision. This typically results in the issue of a new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process, and it could take approximately three years to get an appeal to be heard.
How much can an attorney charge?
Lawyers may charge a fee for assisting you appeal a VA disability decision. However, the law currently prohibits lawyers from charging for assistance when submitting a claim. The fee is only due if the lawyer is successful in your case or increases your benefits through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.
Veterans can use the VA’s database of attorneys accredited by the VA or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and can represent service members, lancaster veterans Disability attorney or dependents in a broad range of matters, including pension and disability compensation claims.
The majority of veterans’ disability advocates are paid on a contingency basis. They only get paid when they are successful in defending their client’s case, and they also receive back pay from VA. The amount of backpay that is granted can differ but can be as high as 20 percent of the claimant’s past-due benefits.
In rare cases an attorney or agent may decide to charge an the hourly basis. This isn’t often the case due to two reasons. These matters can take months or years to be resolved. The second reason is that most veterans and their families are unable to afford to pay on an hourly basis.