Veterans Disability Litigation
Ken assists veterans to obtain the disability benefits they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, discriminating against their disability claims, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA Disability?
The amount of monetary compensation per month paid to
veterans disability lawyer with service connected disabilities is based on their disability rating. This rating is based upon the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10 percent (e.g. 20%, 20%,
bukilspring.com 30% etc). The compensation is free of tax and provides a basic source of income to the disabled veteran and his family.
VA offers additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization, allowances for automobiles, and hospitalization allowances. These are in addition to basic disability compensation.
In addition to these benefit programs in addition, 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."
Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. However, some of these conditions require an expert's opinion. An experienced veteran attorney can assist a client in obtaining this opinion, and provide the necessary evidence to support a claim of disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients obtain the benefits they're entitled to. We have handled a variety of disability cases and are familiar with the intricacies of VA rules and regulations. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself at a Board of Veterans Appeals Hearing, made veterans' rights the top priority in his practice.
How do I make a claim?
First, veterans must look up the medical evidence that supports their disability. This includes X-rays and doctor's reports, as well with any other documentation that is related to the condition of the veteran. It is vital to provide these documents to the VA. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to submit an intent to file. This form permits the VA to review your claim, even before you have all the medical records that you require. It also keeps your effective date for receiving compensation when you win your case.
Once all the information is provided after all the information has been received, the VA will schedule an appointment for you. It will depend on the amount and type of disability you claim. Be sure to take the exam, since If you don't, it could delay your claim.
Once the examinations are complete, the VA will examine the evidence and send you a decision package. If the VA denies your claim you have a year from the date of the letter to request a more thorough review.
At this point, a lawyer can help you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is an enormous benefit to people seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a difficult experience. Thankfully that the VA has an appeals procedure for these decisions. The first step is to send an Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disparage, you have to tell the VA why you are not happy with their decision. You don't have to list every reason, but you must mention all the aspects you disagree with.
You should also request your C-file or claims file to determine the evidence that the VA used to make their decision. Most of the time there are missing or incomplete records. This can result in an error in the rating.
When you file your NOD, you'll be asked to decide if you want your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. In general, you will have a greater chance of success when you opt for the DRO review DRO review than with the BVA.
You can request a personal hearing with an expert in senior ratings through an DRO review. The DRO will conduct the review of your claim on a "de novo" basis, meaning they do not give deference to the previous decision. This typically will result in a brand new Rating Decision. You can also request that the BVA in Washington review your claim. This is the most lengthy appeals process, and it could take up to three years before you receive an appeal to be heard.
How much can an attorney charge?
A lawyer could charge a fee for assisting you appeal an VA disability decision. However, the law currently prohibits lawyers from charging fees to assist when submitting a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.
Veterans may be able identify accredited representatives by using the VA's searchable database for accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a wide spectrum of cases including pension claims and disability compensation claims.
Most disability advocates for veterans are paid on the basis of a contingent. This means that they will only be paid if they are successful in winning the appeal of the client and receive back payments from the VA. The amount of backpay awarded can vary but can be as high as 20 percent of the claimant's past-due benefits.
In rare instances, an agent or
attorney might decide to charge on an the basis of an hourly rate. This is rare for two reasons. These matters could take months or even years to resolve. Second, most veterans and their families can't afford to pay for these services on an hourly basis.