How Veterans Disability Case Altered My Life For The Better
Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they are entitled to. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of veterans disability attorneys Affairs discriminated against Black veterans for decades, generally denying their disability claims, according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is an VA Disability?
The amount of monthly monetary compensation provided to veterans suffering from disabilities resulting from service is based on their disability rating. The rating is based on the severity of the injury or illness, and can range between 0% and 100% in increments of 10 percent (e.g. 20% 30 percent, 30%, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their family.
The VA also offers other programs that offer additional compensation, such as individual unemployment, auto allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.
The Social Security Administration also gives veterans disability compensation special credits that they can utilize to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
Many of the conditions that allow veterans for disability compensation are described in the Code of Federal Regulations. Some of these conditions, however require an expert's opinion. An experienced lawyer can assist a client obtain an opinion, and also provide the evidence required to prove a claim of disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients to receive the disability benefits they are entitled to. We have handled a variety of disability cases and are familiar with the intricacies of VA regulations and laws. Our firm was established in 1996 by a disabled vet who after securing his own representation at a Board of Veterans Appeals Hearing and making veterans disability law' rights an important aspect of his work.
How do I file a claim?
The first step is to find the medical evidence to prove their condition. This includes X-rays and doctor's reports, as as any other documentation related to the condition of the veteran. It is essential to submit these records to VA. If a veteran doesn't have these documents then the VA must be informed by the claimant (or their VSO).
The next step is to fill out an intent to file. This form lets the VA review your claim even before you have all the required information and medical records. It also protects your date of effective for benefits should you prevail in your case.
When all the data is provided after all the information has been received, the VA will arrange an examination for you. The VA will schedule an examination according to the number of disabilities and the type of disability you're claiming. Make sure that you take this test, because if you miss it the exam could delay your claim.
The VA will send you a decision document after the tests have been completed. If the VA denies the claim, you will have one year to request a higher-level review.
A lawyer can help in this situation. Accredited lawyers from VA can be involved in the appeals from the beginning which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement you should state to the VA why you were dissatisfied with their decision. You don't have to list every reason, but you should state all the issues that you don't agree with.
It's also crucial to request your C-file (claims file) to see the evidence that the VA used in making their decision. Most of the time there are missing or incomplete records. This can result in an error in the rating.
When you submit your NOD you must decide whether you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO reviews your case than if it's viewed by the 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 conduct an examination of your claim on the basis of a "de novo" basis, which means that they will not give any deference to the previous decision. This usually results in a completely new Rating Decision. You may also decide to request that the BVA in Washington review your claim. This is the longest consuming appeals path and typically takes one to three years to get a new decision.
How much can a lawyer charge?
Lawyers may charge a fee for assisting you appeal a VA disability decision. The law as it stands today does not permit lawyers to charge fees for Veterans Disability Litigation initial assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.
Veterans are able to search the database of lawyers accredited to practice or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a range of issues including pension and disability compensation claims.
Most disability advocates for veterans operate on a contingent basis. This means that they will only be paid if they are successful in winning the client's appeal and are awarded back pay from the VA. The amount of back pay granted varies, but could be as high as 20 percent of the claimant's total past-due benefit.
In rare instances, an agent or lawyer might decide to charge an hourly fee. However, this is uncommon due to two reasons. First, these situations are often time consuming and can last for months or even years. The second reason is that many veterans and their families don't afford to pay an hourly rate.
