belvidere veterans disability lawyer Disability Litigation
Ken advises veterans of the military to help them obtain the disability benefits they deserve. He is also a lawyer for 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, disproportionately refusing their disability claims.
What is an VA disability?
The disability rating determines the amount of compensation per month paid to Palm desert veterans disability attorney who have disabilities that are related to service. This rating is determined by the severity of an illness or injury and can vary between 0% and 100% in increments of 10 percent (e.g. 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their families.
VA provides additional compensation through other programs, including individual unemployment allowances for clothing, hospitalization and prestabilization, 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 increase their lifetime earnings to be eligible for disability or retirement benefits. These credits are referred to as “credit for service.”
A majority of the conditions that qualify a veteran for disability compensation are listed in the Code of Federal Regulations. However, a few of these circumstances require an expert’s opinion. A veteran lawyer with experience can assist a customer in obtaining this opinion, and provide the necessary evidence to support a claim of disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients to receive the disability benefits they are entitled to. We have handled thousands of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans’ rights a major part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.
How do I submit a claim?
Veterans must first gather the medical evidence supporting their impairment. This includes Xrays or doctor’s notes, as well in any other documentation related to the veteran’s condition. It is vital to provide these records to VA. If a veteran does not have these documents then the VA should be notified by the applicant (or their VSO).
The next step is to submit an intent to file. This form lets the VA examine your claim even before you have all the required information and medical records. It also protects your effective date for receiving compensation in the event that you win your case.
The VA will schedule your appointment when all details have been received. The VA will schedule the exam according to the severity of your disability and the type of disability you’re claiming. Make sure you attend the exam, since if you miss it the exam could delay your claim.
After the examinations have been completed, after the examinations are completed, VA will examine the evidence and send you a confirmation packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.
A lawyer can help in this situation. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a an enormous benefit for those who seek disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a frustrating experience. The VA has an appeals process for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send 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 have to include every reason but you should include all the points you disagree with.
You should also request your C file or claims file to see the evidence that the VA used to make their decision. There are usually incomplete or missing data. In certain cases it could lead to an error in the rating decision.
When you file your NOD, it will be asked to decide if you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a greater chance of success with a DRO review than with the BVA.
You can request a personal hearing with a senior rating expert via a DRO review. The DRO will review your claim “de de novo” which means they will not be influenced by the previous decision. This usually results in a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the time lengthy appeals procedure and typically takes between one and three years to get an updated decision.
What is the cost an attorney could charge?
A lawyer could charge a fee for assisting you appeal a VA disability decision. The current law does not allow lawyers to charge for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. Typically the fees will be paid directly out of the lump-sum payments that you receive from the VA.
Veterans may be able to locate accredited representatives using the VA’s searchable database for accredited attorneys or claims representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors on a range of issues including pension and disability compensation claims.
Most disability advocates for veterans are paid on a contingency basis. This means that they will only be paid if they are successful in winning the appeal of the client and receive back pay from the VA. The amount of backpay awarded can vary but it could be as high as 20 percent of the claimant’s past-due benefits.
In rare instances an attorney or agent may choose to charge on the basis of an hourly rate. This isn’t often the case due to two reasons. These matters can take a long time to be resolved. Second, many veterans and their families are unable to afford to pay an hourly rate.