Why Veterans Disability Case Is Relevant 2023
Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they deserve. Ken also represents clients in VA Board of Veterans 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 disability law by denial of 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. The rating is based on the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is free of tax and provides a minimum income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation like individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their lifetime earnings for disability or retirement benefits. These additional credits are referred to as "credit for service."
A majority of the conditions that qualify disabled veterans for disability benefits are listed in the Code of Federal Regulations. Certain of these conditions, however require the opinion of an expert. An experienced veteran lawyer can assist a client to obtain this opinion and provide the evidence needed to prove an application for disability compensation.
Sullivan & Kehoe is experienced in representing veterans disability law with disabilities claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and Veterans Disability Litigation we are well-versed with the complexities of VA regulations and laws. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself at a Board of Veterans Appeals Hearing and gaining the support of veterans disability settlement, made the rights of veterans a priority for his practice.
How do I make a claim?
First, veterans disability claim need to locate the medical evidence supporting their impairment. This includes Xrays, doctor's reports or any other documentation related to their health. Giving these records to VA is very important. If a veteran does not have these documents and the VA must be informed by the claimant (or their VSO).
The next step is to submit an intent to file. This form lets the VA examine your claim even before you have all the required information and medical records. The form also keeps the effective date of your compensation benefits in case you are successful in your case.
The VA will schedule your appointment when all details have been received. This will be dependent on the type and number of disability you claim. Attend this exam as missing it could delay the process of your claim.
After the examinations have been completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and then send you a confirmation packet. If the VA rejects your claim, you have a year from the date of the letter to request a higher-level review.
A lawyer can assist you in this situation. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is an enormous benefit to those who are seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a gruelling experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is to send an Notice of Disagreement to the VA regional office that sent you the Rating decision. In your Notice Of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't have to give every reason, but you should list all the points you disagree with.
You must also request a C-file, or claims file, to see what evidence the VA used to reach their decision. Often times there are missing or insufficient records. In some instances, this can lead to an error in the rating decision.
If you submit your NOD you must decide whether you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a greater chance of success when you opt for a DRO review than with the BVA.
You can request a private hearing with a senior rating expert via an DRO review. The DRO will conduct the review of your claim on an "de de novo" basis, which means that they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the time taking appeals route and typically can take between one and Veterans Disability Litigation three years to get a new decision.
How much does an attorney charge?
A lawyer may charge a fee for assisting you appeal an VA disability decision. The current law does not allow lawyers to charge fees for initial assistance in a claim. This is because the fee has to be dependent on the lawyer winning your case, or getting your benefits increased by an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.
Veterans may be able to identify accredited representatives by using the VA's searchable database of accredited attorneys or claims representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or their dependents in a wide range of matters including pension claims, disability compensation and claims.
Most disability advocates for veterans are paid on a contingency basis. This means that they only get paid if they succeed in winning the appeal of the client and receive back pay from the VA. The amount of back pay granted varies, but could be as much as 20 percent of the claimant's past-due benefits.
In rare instances, an agent or attorney may decide to charge on an the basis of an hourly rate. However, this is uncommon due to two reasons. First, these matters can be time-consuming and can go on for months or even years. The second reason is that many veterans and their families can't afford an hourly fee.