Veterans Disability Litigation
Ken assists beachwood Veterans disability Law firm to get the disability benefits they are entitled to. He also represents 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 discriminating against their disability claims.
What is a VA disability?
The amount of monetary compensation per month given to veterans with service-related disabilities is determined on their disability rating. This rating is based upon the severity of an injury or illness and may range between zero and 100% in increments of 10% (e.g. 20% 30%, 20 percent, etc.). The amount is devoid of tax and 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, auto allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the regular disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credit to boost their lifetime earnings for disability or retirement benefits. These credits are referred to as “credit for service.”
A majority of the conditions that make a veteran for disability compensation are described in the Code of Federal Regulations. However, a few of these circumstances require an expert’s opinion. An experienced lawyer can assist a client obtain this opinion and provide the evidence needed to support a claim of disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans’ rights a top priority in his practice after successfully representing himself at a Board of Veterans Appeals hearing.
How do I make a claim?
First, veterans must locate the medical evidence to prove their impairment. This includes X-rays, doctor’s reports or other documentation relevant to their condition. It is vital to provide these records to VA. If a veteran doesn’t have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is to fill out an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. It also protects your date of eligibility for compensation benefits should you prevail in your case.
The VA will schedule your appointment after all the required information is received. The VA will schedule the exam depending on the amount of disabilities you have and the type you are claiming. Be sure to take this test, because should you miss it and fail to take it, it could hinder your claim.
The VA will send you a decision document after the tests have been completed. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.
At this stage, a lawyer is able to assist you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a an enormous benefit to people seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a frustrating experience. Thankfully that the VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA why you are not happy with their decision. It is not necessary to list all of the reasons but you should include all the points you disagree with.
You should also request your C-file, or claims file, to see what evidence the VA used to make their decision. There are often incomplete or missing records. This can lead to an error in the rating.
If you submit your NOD you must choose whether you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. Generally speaking, you’ll have a greater chance of success with the DRO review DRO review than with the BVA.
If you are subject to an DRO review you have the option of requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct the review of your claim on an “de de novo” basis, meaning they will not give deference to the previous decision. This usually results in a completely new Rating Decision. You may also decide to request that the BVA in Washington examine your claim. This is the time lengthy appeals procedure and typically can take between one and three years to obtain an updated decision.
How much can an attorney charge?
A lawyer can charge a fee to help you appeal a VA decision regarding the basis of disability. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. This is because the fee has to be dependent on 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 search the VA’s database of attorneys who are accredited or claim agents to locate accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent service members, richland hills veterans disability lawyer or dependents in a broad spectrum of cases such as pension claims and disability compensation claims.
Most veterans’ disability advocates are paid on an hourly basis. They only get paid when they win their client’s appeal, and they are also paid back from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant’s total past due benefit.
In rare cases an attorney or agent could decide to charge an hourly fee. However, this is not the norm due to two reasons. These matters can take months or even years to resolve. In addition, many veterans and their families don’t afford to pay an hourly rate.