Elke Dawkins asked 2 years ago
Veterans Disability Litigation
Ken advises veterans disability lawyer of the military to help them get the disability compensation they are entitled to. He also represents clients at VA Board of veterans disability litigation Appeals hearings.
According to a lawsuit filed by the Yale Law School veterans disability litigation Legal Services Clinic this week, the Department of Veterans Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.
What is a VA Disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with disabilities that are related to service. The rating is determined by the severity of the injury or illness and can range from 0% up to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their families.
VA offers additional compensation through other programs, including individual unemployment, clothing allowances as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credit that they can use to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These additional credits are known as “credit for service.”
Many of the conditions that make disabled veterans for disability benefits are described in the Code of Federal Regulations. Some of these conditions, however require an expert’s opinion. A veteran lawyer with experience can help a customer obtain an opinion, and also provide the necessary evidence to support a claim of disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to helping our clients obtain the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans rights a top priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first find the medical evidence of their impairment. This includes X-rays and doctor’s reports or other documentation relevant to their medical condition. Giving these records to VA is very important. If a veteran does not have these documents, they must 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 to review your claim, even before you have all the medical records you need. It also protects your date of eligibility for compensation benefits should you prevail in your case.
When all the information is submitted after all the information has been received, the VA will schedule an exam for you. The VA will schedule an exam based on the number of disabilities as well as the type you are claiming. Don’t miss this exam because it could delay the process of submitting your claim.
After the examinations are completed After the examinations are completed, the VA will examine the evidence and send you a decision packet. If the VA denies your claim you have one year from the date of the letter to request a more thorough review.
A lawyer can assist you in this situation. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a an enormous benefit for people seeking disability benefits.
How do I appeal a denial?
The denial of veterans’ disability benefits is a frustrating experience. The VA offers an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement you should tell the VA why you are not happy with their decision. It is not necessary to list all the reasons however, you must mention everything you disagree with.
You should also request your C file, or claims file, so that you can determine the evidence that the VA used to reach their decision. There are often incomplete or missing records. In certain cases it could lead to an error in the rating decision.
When you file your NOD you will need to decide if you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a greater chance of success with the DRO review DRO review than with the BVA.
In the event of the DRO review, you can request a personal hearing before an experienced senior rating specialist. The DRO will conduct the review of your claim on an “de novo” basis, meaning they will not give any deference to the previous decision. This usually results in a completely new Rating Decision. You can also request that the BVA in Washington review your claim. This is the longest appeals process and it can take up to three years for an appeal to be heard.
How much does an attorney charge?
Lawyers can charge a fee if you appeal an VA decision on the basis of disability. However, the law currently prohibits lawyers from charging fees to assist when submitting a claim. This is because the fee is dependent on the lawyer prevailing in your case, or getting your benefits increased through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.
Veterans can use the VA’s database of lawyers accredited to practice or claim agents to find accredited representatives. These individuals have been approved by the Department of veterans disability claim Affairs to represent service members, veterans and Veterans Disability Litigation their dependents as well as survivors on a range of issues including pension and disability compensation claims.
The majority of veterans’ disability advocates are paid on the basis of a contingent. They only receive compensation when they are successful in defending their client’s case, and they receive back pay from VA. The amount of backpay paid can vary, but it can be as high as 20 percent of a claimant’s past-due benefits.
In rare cases, an agent or attorney might decide to charge on an the basis of an hourly rate. This is not common due to two reasons. These matters can take a long time to resolve. In addition, many veterans and their families can’t afford an hourly fee.
