Veterans Disability Litigation
Ken advises veterans of the military to help them get the disability benefits they deserve. 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 disproportionately denying their disability claims.
What is what is VA Disability?
The amount of monetary compensation per month that veterans receive for service-related disabilities is based on their disability rating. This rating is based on the severity of the illness or injury and can range from 0% to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their family.
VA offers additional compensation through other programs, such as individual unemployment, clothing allowances as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits 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 earnings over the course of their lives for retirement or disability benefits. These additional credits are referred to as "credit for service."
Many of the conditions that allow a veteran for disability compensation are described in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the evidence required to support an application for 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 deserve. We have handled hundreds of disability cases and are knowledgeable in the complexity of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans rights a top priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.
How do I make a claim?
First, veterans must locate the medical evidence supporting their condition. This includes any X-rays, doctor's reports or other documentation relevant to their health. Providing these records to the VA is crucial. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is the filing of an intention to file. This form lets the VA review your claim even before you have the proper information and medical records. It also protects your date of eligibility for compensation benefits if you win your case.
The VA will schedule your examination when all information is received. It will depend on the quantity and type of disability you claim. Make sure you take this exam, as in the event you fail to take it the exam could delay your claim.
Once the examinations are complete After the examinations are completed, the VA will review the evidence and send you a confirmation packet. If the VA rejects the claim, you'll have one year to request a higher level review.
A lawyer can be of assistance at this point. 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 for veterans can be frustrating. Thankfully that the VA has an appeals process for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason, but you should mention all the aspects you don't agree with.
You must also request your C-file or claims file to see the evidence that the VA used to make their decision. There are usually insufficient or missing records. This can lead to a mistake in the rating.
If you file your NOD, it will be asked to decide if you would like your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO reviews your case than if it's reviewed by the BVA.
You can request a personal hearing with a senior rating expert through an DRO review. The DRO will conduct an investigation of your claim on an "de de novo" basis, meaning they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the time demanding appeals process and usually takes anywhere from one to three years to get an updated decision.
What is the average amount an attorney can charge?
A lawyer could charge a fee for assisting you appeal an VA disability decision. However, current law prevents lawyers from charging for assistance when submitting a claim. This is due to the fact that the fee must be contingent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.
Veterans can find accredited representatives via the VA's searchable database that lists licensed attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a vast variety of cases, including disability compensation claims and pension claims.
Most disability advocates for veterans work on a contingency basis. This means that they will only be paid if they are successful in winning the appeal of the client and get back pay from the VA. The amount of backpay given can be different, but it can be as high as 20 percent of a claimant's past due benefits.
In rare instances, an agent or attorney may choose to charge on the basis of an hourly rate. This is not common due to two reasons. These issues can take a long time to be resolved. In addition, many
Veterans Disability Law Firms and their families can't afford to pay an hourly fee.