Antony Dove asked 4 hónap ago
Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they are entitled to. Ken also represents his clients at VA Board of Veterans Appeals Hearings.
According to a lawsuit filed by the Yale Law School Veterans 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 amount of monthly monetary compensation provided to veterans suffering from service connected disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The amount is devoid of tax and provides a basic source of income to the disabled veteran and his family.
VA provides additional compensation through other programs, including individual unemployment allowances for clothing, hospitalization and prestabilization, car allowances, and hospitalization allowances. These are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credit that they can use to boost their earnings over time to qualify for retirement or disability benefits. These extra credits are known as „credit for service.”
Code of Federal Regulations lists a variety of conditions that allow veterans to be eligible for disability compensation. Some of these conditions, however require an expert’s advice. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the proof needed to prove the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to ensuring that our clients receive 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 established in 1996 by a disabled veteran who after having successfully represented himself at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans disability lawsuits, made the rights of veterans the top priority in his practice.
How do I claim a benefit?
Veterans must first find the medical evidence supporting their impairment. This includes X-rays and doctor’s reports, as with any other documentation that is related to the condition of the veteran. Providing these records to the VA is essential. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to submit an intent to file. This is a form that permits the VA to review your claim, even before you have all the medical records that you require. The form also keeps the date you can start receiving your compensation benefits in the event you win your case.
When all the data is provided, the VA will arrange an examination for you. The VA will set the date for the examination according to the number of disabilities as well as the type you are claiming. If you fail to attend this test, it could delay the process of your claim.
The VA will send you a decision document once the examinations have been completed. If the VA denies the claim, you have a year to request a higher level review.
At this point, a lawyer can assist you. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a very frustrating experience. The VA offers an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement you should state to the VA why you were dissatisfied with their decision. You don’t have to list all the reasons but you should include all the points you disagree with.
You should also request your C file, or claims file, to see the evidence that the VA used to reach their decision. Often times, there are missing or insufficient records. This can result in a mistake in the rating.
If you submit your NOD you must choose whether you want to have your case reviewed 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 rather than if it’s viewed by the BVA.
You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will review your claim „de de novo” this means they will not rely on the previous decision. This typically results in a totally new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and can take up to three years before you receive an update on the decision.
How much can a lawyer charge?
Lawyers may charge a fee to assist you appeal a VA disability decision. However, the law currently prohibits lawyers from charging for assistance with a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.
Veterans can locate accredited representatives using the VA’s searchable database for licensed attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a vast range of issues including pension claims and disability compensation claims.
Most veterans’ disability advocates operate on a contingent basis. 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 awarded varies, but can be as much as 20 percent of the claimant’s past-due benefit amount.
In rare cases an attorney or agent may choose to charge on per hour basis. This is uncommon due to two reasons. First, these situations are often time consuming and can last for months or even years. In addition, the majority of veterans and their families can’t afford to pay for these services on an hourly basis.
