Veterans Disability Litigation
Ken counsels military veterans to help them get the disability compensation 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, disproportionately refusing their disability claims.
What is what is VA disability?
The disability rating determines the amount of monthly payments to veterans with service-connected disabilities. The rating is based on the severity of the injury or illness and may range between zero and 100% in increments of 10 percent (e.g. 20% 30, 30 percent, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their families.
The VA also has other programs that provide additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the standard disability compensation.
The Social Security Administration also gives veterans special credit that they can use to boost their lifetime earnings to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. Certain of these conditions, however require the opinion of an expert. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the proof needed to prove an application for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits that they are entitled to. We have handled thousands disability cases and we are well-versed with the intricacies of VA laws and procedures. Our firm was founded in 1996 by a disabled vet who, after successfully representing himself at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of
owasso veterans disability attorney, made the rights of veterans a priority for his practice.
How do I submit a claim?
First,
milwaukie Veterans disability lawyer must look up the medical evidence for their impairment. This includes X-rays, doctor's reports, or other documents relevant to their medical condition. It is important to provide these documents to the VA. 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 fill out an intent to file. This is a form that permits the VA to review your claim even before you have all the medical records you require. It also keeps your effective date for compensation benefits when you win your case.
When all the information is received, the VA will schedule an exam for you. This will depend on the type and number of disability you claim. Attend this exam as missing it could delay the processing of your claim.
The VA will provide you with a decision package after the examinations are completed. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.
A lawyer can be of assistance at this point. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit to those seeking disability benefits.
How do I appeal a denial?
The denial of disability benefits to veterans can be frustrating. Fortunately the VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA why you were dissatisfied with their decision. You don't have to list every reason, but you should list all the points you don't agree with.
It's also important to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. There are often documents that are not complete or have been deleted. This can lead to a mistake in the rating.
If you submit your NOD it is up to you to decide if want to have your case examined by a Decision Review Officer or by the Board of
green cove springs veterans disability lawsuit Appeals. In general you'll have a higher chance of success when the DRO examines your case than when it's reviewed by the BVA.
If you are subject to a DRO review you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will review your claim "de de novo" which means that they will not rely on the previous decision. This usually results in a completely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest appeals process and can take up to three years for a new decision.
What is the average cost a lawyer can charge?
Lawyers may charge a fee to help you appeal an VA disability decision. However, current law prevents lawyers from charging for assistance with a claim. This is due to the fact that the fee is contingent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. Typically the fees are directly derived from any lump-sum payments you receive from the VA.
Veterans may find accredited representatives through the VA's searchable database that lists accredited attorneys or claims representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad range of issues including pension and disability compensation claims.
Most veterans' disability advocates are paid on the basis of a contingent. They only get paid when they prevail in their client's appeal and they receive back pay from VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total past-due benefit.
In rare cases an attorney or agent might choose to charge an hourly fee. However, this is not the norm due to two reasons. First, these cases are often time consuming and can go on for months or even years. Additionally, many veterans and their families can't afford an hourly rate.
