Veterans Disability Litigation
Ken counsels military veterans to help them get the disability compensation they are entitled to. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by generally denying their disability claims in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. This rating is based upon the severity of an injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20%, 30 percent, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.
VA offers additional compensation through other programs, for example individual unemployment, clothing allowances as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These are in addition to the standard disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their retirement or disability benefits. These additional credits are known as "credit for service."
Many of the conditions that make disabled veterans for disability benefits are included in the Code of Federal Regulations. Some of these conditions, however, require an expert's opinion. A skilled lawyer with years of experience can help a client obtain this opinion and provide the evidence needed to prove an application for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled thousands disability cases and are well-versed with the intricacies of VA laws and procedures. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself in an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights an integral part of his practice.
How do I file a claim?
The first step is to look up the medical evidence that supports their disability. This includes X-rays and doctor's reports, as well as any other documentation related to the veteran's condition. Providing these records to the VA is vital. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intention to file. This form lets the VA review your claim even before you have the needed information and medical records. It also preserves your date of eligibility for
Vimeo compensation benefits when you win your case.
When all the information is submitted, the VA will schedule an appointment for you. This will be dependent on the quantity and type of disability you claim. Make sure that you take this test, because If you don't, it could delay your claim.
The VA will send you a decision document after the tests have been completed. If the VA rejects the claim, you have a year to request a higher-level review.
At this moment, a lawyer will help you. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is an enormous benefit to those who seek disability benefits.
How do I appeal a denial?
Denial of disability benefits for veterans is a frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement you should state to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason, but you must list all the points you don't agree with.
You must also request a C-file or claims file to determine what evidence the VA used to make their decision. Often times there are missing or incomplete records. This can result in an error in the rating.
After you have submitted your NOD, it will be asked if you want your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success when the DRO examines your case rather than when it's reviewed by BVA.
You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will review your claim "de de novo" which means they will not be influenced by the previous decision. This typically results in a completely new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the most time taking appeals route and typically takes one to three years for a new decision.
What is the cost an attorney could charge?
A lawyer may charge a fee for helping appeal the VA decision on an appeal for disability. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. This is because the fee is contingent on the lawyer winning your case, or getting your benefits increased through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.
orland hills veterans disability lawsuit can look through the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a wide range of issues, including disability compensation claims and pension claims.
The majority of veterans' disability advocates are paid on an ad-hoc basis. They only receive compensation when they prevail in their client's appeal and they are also paid back from VA. The amount of back pay granted varies, but could be as much as 20 percent of the claimant's total benefits.
In rare instances an attorney or agent might decide to charge on an an hourly basis. However, this is uncommon due to two reasons. First, these matters can be time-consuming and can go on for months or even years. Additionally, many veterans and their families can't afford to pay on an hourly basis.
