Why Veterans Disability Case Could Be Greater Dangerous Than You Think
Veterans Disability Litigation
Ken advises veterans of the military to assist them in obtaining the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School veterans disability claim Legal Services Clinic this week The Department of Veterans Affairs discriminated for decades against Black veterans by discriminating against their disability claims.
What is a VA Disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with service-related disabilities. This rating is based upon the severity of the illness or injury and can be as low as 0% and up to 100% in 10% increments (e.g., 20%, 30% etc). The compensation is tax-free and provides basic income for the disabled veteran and their families.
VA provides additional compensation through other programs, such as individual unemployment, clothing allowances as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These benefits are in addition to basic 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 disability or retirement benefits. These additional credits are referred to as "credit for service."
A majority of the conditions that allow disabled veterans for disability benefits are included in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. A seasoned veteran attorney can assist a customer in obtaining this opinion, and provide the evidence required to prove the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they are entitled to. We have handled a variety of disability cases and are conversant with the complexities of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for veterans' rights a top 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 find the medical evidence to prove their condition. This could include X-rays, doctor's reports as well in any other documentation related to the condition of the veteran. Giving these records to VA is crucial. 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 to make an intent to file. This is a form that permits the VA to review your claim even before you have all the information and Veterans Disability Lawyers medical records that you require. It also preserves your effective date for receiving compensation should you prevail in your case.
If all the required information is in When all the information is submitted, the VA will schedule an appointment for you. It will depend on the type and number of disability you claim. If you fail to attend this test, it could delay the processing of your claim.
The VA will send you a decision document once the examinations have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.
A lawyer can help you at this point. VA-accredited lawyers are now 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 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 need to list every reason, but you must list all the points you don't agree with.
It's also crucial to request your C-file (claims file) so you can see the evidence the VA used to make their decision. In many cases there are gaps or insufficient records. This can result in an error in the rating.
After you have submitted your NOD, you will be asked if you want your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success when the DRO reviews your case than when it's reviewed by the BVA.
If you are subject to a DRO review, you can request an individual hearing with a senior rating specialist. The DRO will conduct an examination of your claim on a "de novo" basis, which means they don't give deference the previous decision. This typically results in an entirely new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the longest appeals process and it can take approximately three years to get an appeal to be heard.
What is the cost an attorney could charge?
Lawyers can charge a fee to assist you appeal a VA decision regarding a disability claim. However, current law prohibits lawyers from charging for initial assistance in the case. This is because the fee is contingent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. Typically, these fees will be paid out of any lump-sum payments you get from the VA.
Veterans can search 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 disability case Affairs and are able to represent service members, veterans disability lawyers - find more, or dependents in a broad range of matters such as pension claims and disability compensation claims.
The majority of veterans' disability advocates work on a contingency basis. They only receive compensation when they succeed in winning their client's appeal 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 total past-due benefits.
In rare instances, an agent or attorney may decide to charge on an an hourly basis. However, this is not the norm due to two reasons. These matters could take months or even years to be resolved. The second reason is that most veterans and their families can't afford to pay for these services on an hourly basis.
