Why Veterans Disability Case Is Relevant 2023
Veterans Disability Litigation
Ken assists veterans in navigating the system to help them obtain the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims, according to a lawsuit filed last week by Yale Law School's veterans disability attorney Legal Services Clinic.
What is what is VA Disability?
The disability rating determines the amount of monthly payments to veterans with disabilities that are related to service. This rating is based upon the severity of an injury or illness, and can range between 0% and 100% in increments of 10% (e.g. 20%, 30 percent, etc.). The compensation is not subject to tax and provides a basic income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance, and Veterans Disability Litigation prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans special credits to boost their earnings over the course of their lives for retirement or disability benefits. These credits are referred to as "credit for service."
Many of the conditions that qualify disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. However, certain conditions require an expert's opinion. A seasoned veteran attorney can assist a customer in obtaining this opinion, and supply the evidence needed to support an claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans rights a key part of his practice after he successfully represented himself at an appeal to the Board of veterans disability compensation Appeals hearing.
How do I make a claim?
veterans disability legal must first find the medical evidence to prove their disability. This includes Xrays, doctor's notes or other evidence relevant to their health. It is essential to submit these records to VA. If a veteran does not have these documents and the VA must be informed by the claimant (or their VSO).
The next step is a filing of an intention 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 required. It also protects your date of eligibility for compensation benefits if you win your case.
The VA will schedule your medical exam once all of the information is received. The VA will schedule the exam based on the amount of disabilities you have and the type of disability you're claiming. Make sure you attend the exam, since in the event you fail to take it this could affect your claim.
The VA will send you a decision-making package once the examinations have been completed. If the VA denies your claim you have one year from the date of the letter to request a more thorough review.
At this point, a lawyer can help you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit to those who are seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a difficult experience. Fortunately, the VA has an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you should tell the VA why you are not happy with their decision. You don't have to list every reason but you should list all the points you disagree with.
You should also request your C file or claims file so that you can see what evidence the VA used to reach their decision. There are usually incomplete or missing records. This can lead to an error in the rating.
When you file your NOD, you will be asked to select whether you want your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you will have a higher chance of success with the DRO review DRO review than with the BVA.
If you are subject to the DRO review you have the option of asking for an individual hearing with a senior rating specialist. The DRO will conduct an investigation of your claim on an "de novo" basis, which means they do not give deference to the previous decision. This usually results in a completely new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the most lengthy appeals procedure and can take approximately three years to get an appeal to be heard.
What is the average amount an attorney can charge?
A lawyer may charge a fee to help you appeal the VA decision regarding the basis of disability. The current law does not permit lawyers to charge fees for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.
Veterans can search the VA's database of accredited attorneys or claim agents to locate accredited representatives. They have been vetted by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors on a range of issues such as disability compensation and pension claims.
The majority of veterans' disability advocates are paid on an hourly basis. They only receive compensation when they win their client's appeal, and they also receive back pay from VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's total benefit.
In rare cases an attorney or agent might choose to charge an hourly rate. But, this isn't common for two reasons. First, these matters tend to be time-consuming and can drag on for months or even years. The second reason is that most veterans and their families cannot afford to pay on an hourly basis.
