Veterans Disability Litigation
Ken assists veterans to get the disability benefits they deserve. He also represents 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 according to a
lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA Disability?
The amount of monthly monetary compensation that veterans receive for disabilities resulting from service is based on their disability rating. This rating is determined by the severity of the injury or illness and can range from zero and 100% in increments of 10% (e.g. 20 percent 30 percent, 30%,
lawsuit etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.
VA offers additional compensation through other programs, for example individual unemployment, clothing allowances 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 they can use to increase their lifetime earnings to qualify for retirement or disability benefits. These credits are also referred to as "credit for service."
A majority of the conditions that qualify disabled
veterans disability lawsuit for disability benefits are included in the Code of Federal Regulations. However, certain conditions require an expert's opinion. A skilled lawyer with years of experience can help a client obtain this opinion and provide the evidence required to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to ensuring that our clients get the disability benefits they deserve. We have handled thousands of disability cases and are well-versed with the complexities of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans rights a priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.
How do I make a claim?
First, veterans need to locate the medical evidence supporting their condition. This includes X-rays or doctor's reports, as well as any other documentation related to the veteran's condition. It is important to provide these records to VA. If a veteran does not have these documents, they must 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 permits the VA to review your claim, even before you have all the medical records required. It also ensures that you have an date of effective for benefits should you prevail in your case.
If all the required information is submitted when all the information is in, the VA will schedule an exam for you. This will depend on the amount and type of disabilities you are claiming. Make sure that you take this test, because in the event you fail to take it this could affect your claim.
The VA will send you a decision package when the examinations have been completed. If the VA decides to deny the claim, you'll have a year to request a more extensive review.
A lawyer can help you in this situation. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit to those who seek disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a frustrating experience. Thankfully, the VA has an appeals process for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice Of Disagreement, you have to explain to the VA why you are not happy with their decision. You don't have to list every reason, but you must list all the points you disagree with.
You must also request your C-file, or claims file, so that you can see what evidence the VA used to make their decision. There are usually insufficient or missing records. This could lead to an error in the rating.
When you submit your NOD, the applicant will be asked to select whether you want your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO reviews your case than if it's reviewed by the BVA.
With an DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will examine your claim "de de novo" this means they will not be influenced by the previous decision. This usually will result in a brand new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals procedure and can take up to three years before you receive an appeal to be heard.
What is the average amount an attorney can charge?
A lawyer may charge a fee if appeal the VA decision on the basis of disability. However, current law prevents lawyers from charging for initial assistance in the case. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. Typically these fees are paid directly from any lump-sum payments you receive from the VA.
Veterans may be able identify accredited representatives by using the VA's searchable database for
lawsuit licensed attorneys or claims agents. They are vetted by the Department of
veterans disability lawsuit Affairs and can represent veterans, service members or dependents in a broad spectrum of cases such as pension claims, disability compensation and claims.
The majority of veterans' disability advocates operate on a contingent basis. This means that they will only be paid if they prevail in the client's appeal and receive back payments from the VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total past due benefit amount.
In rare cases, an agent or lawyer could decide to charge an hourly fee. This is uncommon due to two reasons. These matters can take months or even years to be resolved. The second reason is that most veterans and their families can't afford to pay for these services on an hourly basis.