Veterans Disability Litigation
Ken assists veterans disability lawsuits in obtaining 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 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 who have service-related disabilities. The rating is based on the severity of the illness or injury and can range from 0% up to 100% in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is exempt from tax and veterans disability law firms provides a basic source of 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 basic disability compensation.
The Social Security Administration also gives veterans special credits they can utilize 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 can qualify an individual for disability compensation are described in the Code of Federal Regulations. However, certain conditions require an expert’s advice. An experienced lawyer can assist a client in obtaining this opinion and provide the proof needed to support the claim for disability benefits.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients receive the benefits they’re entitled to. We have handled thousands disability cases and are conversant with the complexities of VA rules and regulations. Our firm was founded by a disabled veteran who made fighting for veterans rights a major part of his practice after he successfully represented himself at a Board of Veterans Appeals hearing.
How do I file a claim?
Veterans need to first collect the medical evidence of their disability. This includes X-rays and doctor’s reports as well with any other documentation that is related to the veteran’s condition. Making these records available to the VA is very important. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to file an intent to file. This is a form that permits the VA to begin reviewing your claim before you have all the information and medical records required. This form also ensures the date on which you will receive your compensation benefits in the event that you succeed in your claim.
When all the information is provided when all the information is in, the VA will schedule an exam for you. The VA will schedule an examination in accordance with the severity of your disability and the type of disability you’re claiming. Be sure to take this test, because in the event you fail to take it this could affect your claim.
The VA will send you a decision document when the examinations have been completed. If the VA denies the claim, you have a year to request a more extensive review.
At this point, a lawyer can assist you. VA-accredited lawyers can now be involved in appeals from the beginning which is a huge advantage for those who are seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans is a frustrating experience. The VA offers an appeals procedure for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disparage, you must tell the VA why you disagree with their decision. You don’t have to list all the reasons but you should list everything you disagree with.
It’s also crucial to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. There are usually incomplete or missing data. This can result in a mistake in the rating.
If you submit your NOD you must decide whether you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you’ll have a greater chance of success when the DRO examines your case than when it’s reviewed by the BVA.
In the event of an DRO review you can request a personal hearing before an experienced senior rating specialist. The DRO will examine your claim “de novo” this means they will not defer to the previous decision. This typically results in a new Rating Decision. Alternately, veterans Disability law Firms you can opt to review your claim with the BVA in Washington. This is the time consuming appeals path and typically takes one to three years to receive an updated decision.
What is the cost an attorney could charge?
A lawyer can charge a fee to assist you appeal a VA decision regarding the basis of disability. The law as it stands today does not allow lawyers to charge fees for initial assistance in a claim. This is because the fee must be contingent upon the lawyer winning your case or getting your benefits increased by an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.
Veterans can look through the VA’s database of accredited attorneys or claim agents to find accredited representatives. These individuals have been approved by the Department of veterans disability law firms Affairs to represent veterans, service members and their dependents or survivors in a variety of issues including pension and disability compensation claims.
The majority of veterans disability attorneys‘ disability advocates are paid on an hourly basis. They only get paid when they succeed in winning their client’s appeal and they also receive back pay from VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant’s total benefit award.
In rare cases lawyers or agents might decide to charge an hourly rate. However, this is uncommon for two reasons. These issues could take months or even years to be resolved. In addition, the majority of veterans and their families are unable to afford to pay for these services on an hourly basis.