Veterans Disability Litigation
Ken counsels
palos hills veterans disability lawsuit of the military to assist them in getting the disability compensation they deserve. Ken also represents clients in 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 disability rating determines the amount of monthly compensation that is paid to veterans who have service-connected disabilities. This rating is based upon the severity of an injury or illness and can vary between zero and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.
VA provides additional compensation through other programs, such as individual unemployment, clothing allowances as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These are in addition to the standard disability compensation.
In addition to these benefit programs, in addition, the Social Security Administration gives military veterans extra credits to increase their disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. Certain of these conditions, however require the opinion of an expert. A veteran lawyer with experience can assist a client obtain this opinion, and provide the evidence needed to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to helping our clients obtain the disability benefits that they are entitled to. We have handled thousands 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
yazoo city veterans disability lawsuit' rights a priority in his practice after successfully representing himself at a Board of Veterans Appeals hearing.
How do I submit a claim?
The first step is to locate the medical evidence that supports their condition. This includes Xrays, doctor's reports or other documentation that relate to their health. Providing these records to the VA is essential. If a veteran doesn't have these documents then the VA should be notified by the applicant (or their VSO).
The next step is to fill out an intent to file. This is a form that permits the VA to begin reviewing your claim, even before you have all the information and medical records you require. It also protects your date of eligibility for compensation benefits should you prevail in your case.
When all the data is in, the VA will schedule an examination for you. The VA will schedule an examination in accordance with the number of disabilities as well as the type of disability you're claiming. Don't miss this exam because it could delay the process of your claim.
After the examinations are completed after which after the examinations are completed, VA will examine the evidence and then send you a decision packet. If the VA refuses to accept the claim you'll have a year to request a more thorough review.
At this stage, a lawyer is able to assist you. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is an enormous benefit for those who seek disability benefits.
How do I appeal a denial?
Denial of disability benefits for veterans can be frustrating. Thankfully the VA has an appeals process for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you must explain to the VA why you disagreed with their decision. You don't have to include all the reasons, but you should mention all the points you disagree with.
You should also request your C file or claims file to see the evidence that the VA used to reach their decision. There are often documents that are not complete or have been deleted. In some cases this could result in an error in the rating decision.
When you submit your NOD, the applicant will be asked to decide if you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general, you will have a greater chance of success with a DRO review than with the BVA.
In the event of the DRO review, you have the option of asking for an individual hearing with a senior rating specialist. The DRO will examine your claim "de novo", meaning that they will not rely on the previous decision. This typically will result in a brand new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest appeals process and it can take up to three years before you receive an appeal to be heard.
What is the average cost a lawyer can charge?
A lawyer can charge a fee for helping appeal the VA decision on the basis of disability. However, the law currently prohibits lawyers from charging for initial assistance in the case. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.
Veterans can search the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad spectrum of cases such as pension and disability compensation claims.
Most veterans' disability advocates are paid on the basis of a contingent. They only get paid when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay that is awarded varies, but can be as high as 20 percent of the claimant's past-due benefits.
In rare instances, an agent or attorney may decide to charge an the basis of an hourly rate. This isn't often the case due to two reasons. These issues can take a long time to be resolved. Second, many veterans and their families can't afford an hourly fee.
