The Reason Veterans Disability Case Is Everyone s Passion In 2023
Veterans Disability Litigation
Ken assists veterans in obtaining the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for years by generally denying their disability claims, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA Disability?
The disability rating determines the amount of monthly compensation that is paid to veterans disability attorneys who have service-connected disabilities. This rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is free of 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 unemployability, automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the basic disability compensation.
The Social Security Administration also gives veterans a special credit 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."
A majority of the conditions that make an individual for disability compensation are included in the Code of Federal Regulations. However, a few of these conditions require an expert's opinion. An experienced lawyer can help a client obtain this opinion and provide the proof needed to support a claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients get the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complicated nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans rights a key part of his practice after he successfully represented himself in a Board of Veterans Appeals hearing.
How do I make a claim?
First, veterans need to look up the medical evidence for their condition. This includes any X-rays, doctor's reports, or other documents that relate to their condition. Giving these records to VA is very important. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is the filing of an intent to file. This form allows the VA review your claim even before you have the proper information and medical records. This form also protects the date on which you will receive your compensation benefits if you win your case.
When all the data is received When all the information is submitted, the VA will arrange an examination for you. This will depend on the quantity and type of disability you claim. Be sure to take the exam, since should you miss it and fail to take it, it could hinder your claim.
The VA will provide you with a decision package after the tests have been completed. If the VA rejects the claim, you'll have a year to request a more thorough review.
A lawyer can be of assistance at this point. Lawyers who are accredited by VA can now be involved in appeals from the start, which is an enormous benefit for those 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 submit a Notice to Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. It is not necessary to list every reason, but you should mention all the aspects you disagree with.
You should also request your C-file, P3terx.com/go/aHR0cHM6Ly92aW1lby5jb20vNzA5NTM1NzAz or claims file, to determine what evidence the VA used to make their decision. There are usually documents that are not complete or have been deleted. In some instances it could lead to an error in the rating decision.
When you submit your NOD, it will be asked if you would like your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general, you will have a greater chance of success with the DRO review DRO review than with the BVA.
When you request an DRO review, you have the option of asking for an individual hearing before an experienced senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, meaning they will not give any deference to the previous decision. This typically results in an entirely new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the time consuming appeals path and typically takes one to three years to receive a new decision.
What is the cost an attorney could charge?
A lawyer can charge a fee to assist you appeal a VA decision on an appeal for disability. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee has to be dependent on the lawyer prevailing in your case or getting your benefits increased through an appeal. Typically these fees are paid directly out of the lump-sum payments that you receive from the VA.
Veterans may find accredited representatives through the VA's searchable database that lists accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a variety of matters such as disability compensation and pension claims.
The majority of veterans' disability advocates operate on a contingent basis. They only receive compensation when they prevail in their client's appeal and also receive back pay from VA. The amount of backpay awarded can vary but can be as high as 20 percent of the claimant's past-due benefits.
In rare cases, an agent or attorney may decide to charge on an the basis of an hourly rate. This isn't often the case due to two reasons. First, these issues can be time-consuming and can take months or even years. Second, many veterans and their families can't afford to pay an hourly rate.
