veterans disability lawsuits Disability Litigation
Ken counsels veterans of the military 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 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 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% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is free of tax and provides a minimum income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation like individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans a special credit they can use to boost their lifetime earnings and be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists several conditions that qualify a veteran to receive disability compensation. However, a few of these conditions require an expert opinion. An experienced veteran lawyer can help a client obtain this opinion and present the evidence required to support the claim for disability benefits.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to ensuring that our clients get the disability benefits they deserve. We have handled hundreds of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing and making
veterans disability attorneys' rights an integral part of his practice.
How do I file a claim?
The first step is to find the medical evidence that supports their impairment. This includes X-rays or doctor's reports, as well with any other documentation that is related to the condition of the veteran. The submission of these records to the VA is crucial. 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 submit an intent to file. This form allows the VA review your claim even before you have the proper information and medical records. It also protects your effective date for compensation benefits in the event that you win your case.
The VA will schedule your examination when all details have been received. This will be dependent on the type and number of disabilities you are claiming. Make sure that you take this exam, as if you miss it and fail to take it, it could hinder your claim.
The VA will send you a decision-making package after the tests have been completed. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.
At this moment, a lawyer will help you. Accredited lawyers from VA can be involved in the appeals from the beginning, which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
The denial of disability benefits for veterans is a frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement you must tell the VA the reason you don't like their decision. It is not necessary to list every reason, but you must list all the points you don't agree with.
It's also important to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. There are usually insufficient or missing records. In some cases this could lead to an error in the rating decision.
When you file your NOD, you'll be asked to choose whether you want your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO examines your case rather than when it's reviewed by BVA.
If you are subject to a DRO review you have the option of asking for an individual hearing before an experienced senior rating specialist. The DRO will examine your claim "de novo" which means that they will not accept the previous decision. This usually results in the issue of a new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the longest demanding appeals process and usually takes between one and three years to get an updated decision.
How much can an attorney charge?
A lawyer can charge a fee for assisting you appeal an VA disability decision. However, current law prohibits lawyers from charging for initial assistance when submitting a claim. This is due to the fact that the fee must be dependent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. Typically these fees are paid out of any lump-sum payment you receive from the VA.
Veterans can search the VA's database of accredited attorneys or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a vast spectrum of cases, including pension and disability compensation claims.
The majority of
veterans disability law firms' disability advocates are paid on the basis of a contingent. They only receive compensation when they are successful in defending their client's case, and they receive back pay from VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's past-due benefits.
In rare cases, an agent or lawyer may choose to charge an hourly fee. This is not common for two reasons. These issues can take months or years to be resolved. Additionally, many veterans and their families cannot afford to pay on an hourly basis.