Why Everyone Is Talking About Veterans Disability Case This Moment
Veterans Disability Litigation
Ken advises veterans of the military to assist them in getting the disability compensation they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, rejecting their disability claims in adisproportionate way, according to an action filed this week by Yale Law School's veterans disability claim Legal Services Clinic.
What is an VA Disability?
The amount of monetary compensation per month paid to veterans disability attorney with service connected disabilities is based on their disability rating. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their families.
The VA also offers other programs that offer additional compensation such as individual unemployment, auto allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans disability claim special credits they can use to increase their earnings over time to qualify for Veterans Disability Litigation retirement or disability benefits. These additional credits are referred to as "credit for service."
Many of the conditions that qualify disabled veterans for disability benefits are included in the Code of Federal Regulations. Some of these conditions, however, require an expert's opinion. An experienced lawyer can assist a client in obtaining this opinion and present the evidence required to prove the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the benefits they're entitled to. We have handled thousands of disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was started by a disabled vet who made fighting for veterans rights a priority in his practice after successfully representing himself in an appeal to the Board of veterans disability claim Appeals hearing.
How do I submit a claim?
The first step is to look up the medical evidence supporting their disability. This includes Xrays or doctor's reports, as with any other documentation that is related to the condition of the veteran. It is essential to submit these records to VA. If a veteran does not have these documents then the VA must be informed by the applicant (or their VSO).
The next step is the filing of an intent to file. This form lets the VA examine your claim even before you have the needed information and medical records. This form also protects the date you can start receiving your compensation benefits in case you win your case.
When all the data is received when all the information is in, the VA will arrange an examination for you. The VA will set the date for the examination depending on the amount of disabilities you have and the type of disability you claim. In the event that you do not attend this exam, it could delay the processing of your claim.
The VA will send you a decision-making package after the examinations are completed. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.
At this moment, a lawyer could help you. VA-accredited lawyers are now involved in the appeals from the beginning, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability lawyer disability benefits can be a frustrating experience. The VA provides an appeals procedure to appeal 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 should tell the VA why you are not happy with their decision. You don't have to list all the reasons but you should list all the points you disagree with.
It's also crucial to request your C-file (claims file) to see the evidence the VA used in making their decision. There are often incomplete or missing records. This can lead to a mistake in the rating.
If you submit your NOD you must choose whether you would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO examines your case than when it's reviewed by the BVA.
You can request a private hearing with a senior rating expert through the process of a DRO review. The DRO will examine your claim "de de novo" which means that they will not rely on the previous decision. This usually will result in a brand 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 to reach an appeal to be heard.
How much can an attorney charge?
A lawyer can charge a fee for helping appeal the VA decision regarding an appeal for disability. However, current law prohibits lawyers from charging for initial assistance in the case. This is due to the fact that the fee must be dependent on the lawyer winning your case, or having your benefits increased through an appeal. Typically, these fees will be paid directly from any lump-sum payment you receive from the VA.
Veterans may be able locate accredited representatives using the VA's searchable database that lists certified attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a broad range of matters such as pension claims, disability compensation and claims.
Most veterans' disability advocates are paid on the basis of a contingent. This means that they are only paid if they win the appeal of the client and get back payment from the VA. The amount of back pay that is awarded varies, but can be as high as 20 percent of the claimant's total benefit amount.
In rare cases, an agent or attorney may choose to charge on per hour basis. This is uncommon due to two reasons. These matters can take months or years to be resolved. Additionally, many veterans and their families are unable to afford to pay for these services on an hourly basis.
