공지사항

Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in getting the disability benefits they deserve. Ken also represents his clients at VA Board of veterans disability law 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, disproportionately refusing their disability claims.

What is what is VA Disability?

The disability rating determines the amount of monthly payments to veterans who have service-related disabilities. The rating is determined by the severity of the injury or illness and can range from 0% to 100% in 10% increments (e.g., 20%, 30% etc). The amount is devoid 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 unemployment, car 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, the Social Security Administration gives military veterans disability lawyers extra credits to increase their earnings over the course of their lives for disability or retirement benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists several conditions that allow veterans disability litigation to be eligible for disability compensation. Certain of these conditions, however require an expert's opinion. An experienced lawyer can assist a client to obtain this opinion and provide the evidence needed to support the claim for Veterans Disability Litigation disability benefits.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients obtain 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 in 1996 by a disabled veteran who after securing his own representation in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.

How do I claim a benefit?

Veterans must first gather the medical evidence supporting their disability. This includes X-rays, doctor's notes or other evidence that relate to their medical condition. Providing these records to the VA is very important. If a veteran doesn't have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This form allows the VA to begin reviewing your claim, even before you have all the information and medical records you need. The form also keeps the effective date of your compensation benefits in the event you succeed in your claim.

The VA will schedule your exam after all the required details have been received. This will depend on the type and number of disability you claim. Be sure to take the exam, since should you miss it the exam could delay your claim.

Once the examinations are complete, the VA will examine the evidence and send you a confirmation packet. If the VA rejects your claim, you have one year from the date of the letter 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 which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans can be frustrating. Thankfully that the VA has an appeals procedure for these decisions. The first step is to send the Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disparage, you should tell the VA the reasons you don't agree with their decision. You don't need to list every reason however, you must mention all the points you disagree with.

You must also request a C-file, or claims file, to see what evidence the VA used to make their decision. There are often incomplete or missing data. This can sometimes lead to a mistake in the rating.

After you have submitted your NOD, the applicant will be asked to choose whether you would like your case reviewed either by a Board of veterans disability settlement Appeals or a Decision Review officer. In general, you will have a higher chance of success when you opt for a DRO review than with the BVA.

You can request a private hearing with an expert in senior ratings through a DRO review. The DRO will conduct the review of your claim on the basis of a "de novo" basis, which means that they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the longest appeals process and can take up to three years for an update on the decision.

How much does an attorney charge?

A lawyer can charge a fee if you appeal the VA decision regarding the basis of disability. The law as it stands today does not allow lawyers to charge for initial assistance in a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans may be able find accredited representatives via the VA's searchable database that lists certified attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide range of issues, including pension claims, disability compensation and claims.

Most disability advocates for veterans operate on a contingent basis. This means that they will only be paid if they prevail in the client's appeal and receive back payment from the VA. The amount of backpay that is given can be different but it could be as high as 20 percent of the claimant's past-due benefits.

In rare cases an attorney or agent may choose to charge on per hour basis. However, this is not the norm for two reasons. These issues can take a long time to resolve. Second, most veterans and their families are unable to afford to pay on an hourly basis.