Veterans Disability Litigation
Ken assists veterans in navigating the system to assist them in getting the disability compensation they deserve. 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 decades, disproportionately rejecting their disability claims in the lawsuit filed this week by Yale Law School’s Veterans Legal Services Clinic.
What is an VA disability?
The amount of monthly monetary compensation that veterans receive for service-related disabilities is determined on their disability rating. The rating is based on the severity of an injury or illness, and can range between zero and 100% in increments of 10% (e.g. 20% 30, 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, such as individual unemployment, car allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits they can use to boost their lifetime earnings so that they can be eligible for disability or retirement benefits. These additional credits are referred to as “credit for service.”
Many of the conditions that can qualify an individual for disability compensation are included in the Code of Federal Regulations. However, some of these circumstances 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 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 disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled vet who after having successfully represented himself in a Board of veterans disability lawsuit Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.
bethalto veterans disability Law firm must first locate the medical evidence supporting their impairment. This includes X-rays and doctor’s notes, as well with any other documentation that is related to the condition of the veteran. It is essential to submit these documents to the VA. If a veteran doesn’t have these documents, the VA should be notified by the claimant (or their VSO).
The next step is to fill out an intent to file. This form allows the VA to review your claim before you have the proper information and medical records. It also preserves your date of effective for benefits in the event that you win your case.
The VA will schedule your medical exam after all the information has been received. It will depend on the number and type of disabilities you are claiming. Be sure to take the exam, since if you miss it, it could delay your claim.
After the examinations have been completed after which the VA will examine the evidence and then send you a confirmation packet. If the VA refuses to accept the claim you will have one year to request a higher level review.
At this moment, a lawyer could assist you. VA-accredited lawyers are now involved in appeals from the beginning, rladusdn74.woobi.co.kr which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a frustrating experience. The VA has an appeals process to appeal 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 have to tell the VA the reasons you don’t agree with their decision. You don’t have to give every reason, but you should list all the points you don’t agree with.
It’s also crucial to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. There are often documents that are not complete or have been deleted. This can sometimes lead to an error in the rating.
After you have submitted your NOD, the applicant will be asked to decide if you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a better chance of success with a DRO review than with the BVA.
If you are subject to a DRO review, you can request an individual hearing before a senior rating specialist. The DRO will conduct the review of your claim on the basis of a “de novo” basis, which means they will not give any deference to the previous decision. This usually 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 demanding appeals process and usually can take between one and three years to receive a new decision.
How much does an attorney charge?
A lawyer can charge a fee to assist you appeal an VA disability decision. The current law does not allow lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer prevailing in your case or having your benefits increased through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.
lake forest park veterans disability attorney may find accredited representatives through the VA’s searchable database of accredited attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members or their dependents in a range of issues including pension and disability compensation claims.
The majority of veterans’ disability advocates operate on a contingent basis. This means that they are only paid if they win the client’s appeal and are awarded back payment from the VA. The amount of backpay that is awarded can vary however it could be as high as 20 percent of the claimant’s past due benefits.
In rare cases, an agent or lawyer might choose to charge an hourly fee. However, this is not the norm due to two reasons. First, these cases are usually time-consuming and can last for months or even years. Additionally, many veterans and their families don’t afford to pay an hourly fee.