Veterans Disability Litigation
Ken counsels military veterans to help them get the disability compensation 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, generally denying their disability claims as per an action filed this week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA disability?
The amount of monetary compensation per month given to veterans with disabilities resulting from service is based on their disability rating. This rating is based upon the severity of an illness or injury and can vary between zero and 100% in increments of 10% (e.g. 20%, 30 percent, etc.). The compensation is free of tax and provides a basic amount of income to the disabled veteran and his family.
VA provides additional compensation through other programs, for example individual unemployment, clothing allowances prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These are in addition to the basic disability compensation.
The Social Security Administration also gives veterans a special credit they can use to increase their earnings over time to qualify for retirement or disability benefits. These credits are also referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, a few of these conditions require an expert's advice. A seasoned veteran attorney can assist a customer in obtaining this opinion and provide the evidence needed to support a claim of disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients get the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who, after successfully representing himself in a Board of
veterans disability attorney Appeals Hearing, made veterans' rights an integral part of his practice.
How do I make a claim?
First, veterans must locate the medical evidence supporting their impairment. This includes X-rays and doctor's notes or other evidence that relate to their medical condition. It is vital to provide these documents to the VA. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is the filing of an intent to file. This form allows the VA to review your claim before you have the proper information and medical records. It also protects your effective date for compensation benefits when you win your case.
If all the required information is received When all the information is submitted, the VA will schedule an examination for you. This will be dependent on the amount and type of disabilities you are claiming. Don't miss this exam because it could delay the process of submitting your claim.
After the examinations have been completed Once the examinations are complete, the VA will examine the evidence and send you a decision packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.
At this moment, a lawyer could assist you. Lawyers who are accredited by VA 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?
The denial of veterans' disability benefits can be extremely frustrating. The VA provides an appeals procedure to appeal these decisions. The first step is to send the Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice Of Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to include every reason however, you must mention all the points you disagree with.
You should also request your C file, or claims file, to determine what evidence the VA used to make their decision. There are often incomplete or missing records. In some cases this could lead to an error in the rating decision.
When you file your NOD, you must choose whether you want to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you will be more likely to have success when you opt for the DRO review DRO review than with the BVA.
You can request a private hearing with a senior rating expert through an DRO review. The DRO will examine your claim "de de novo" this means they will not be influenced by the previous decision. This usually results in a new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the longest appeals process and it can take approximately three years to get a new decision.
What is the average cost a lawyer can charge?
A lawyer may charge a fee if appeal the VA decision regarding a disability claim. The law as it stands today does not allow lawyers to charge fees for initial assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. Typically the fees are directly derived from any lump-sum payments you get from the VA.
Veterans disability law firms (
comunidadeqm.marcelodoi.com.br) may be able to locate accredited representatives using the VA's searchable database that lists accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent service members, veterans or their dependents in a wide range of matters such as disability compensation claims and pension claims.
Most disability advocates for veterans work on a contingency basis. They only receive compensation when they are successful in defending their client's case, and also receive back pay from VA. The amount of backpay paid can vary but it could be as high as 20 percent of the claimant's past-due benefits.
In rare instances, an agent or lawyer might decide to charge an hourly fee. This is not common due to two reasons. These matters can take a long time to be resolved. In addition, many veterans and their families don't afford to pay an hourly rate.