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Veterans Disability Litigation
Ken advises veterans of the military to help them get the disability compensation they deserve. He is also a lawyer for 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 an VA Disability?
The amount of monetary compensation per month paid to veterans with service connected disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and may range between 0% and 100% in increments of 10% (e.g. 20 percent 30%, 20%, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation, such as individual unemployability, automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
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 extra credits are called "credit for service."
A majority of the conditions that can qualify a veteran for disability compensation are mentioned in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A skilled lawyer with years of experience can assist a client to obtain this opinion and present the evidence required to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients get the disability benefits that they are entitled to. We have handled hundreds of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who, after successfully representing himself at a Board of veterans disability attorneys Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.
How do I claim a benefit?
The first step is to track down the medical evidence for their disability. This includes X-rays, doctor's reports, or other documents relevant to their medical condition. It is essential to submit these records to VA. If a veteran doesn't have these documents, 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 to review your claim before you have the proper information and medical records. This form also preserves the effective date of your compensation benefits in the event that you win your case.
The VA will schedule your appointment once all of the information has been received. The VA will set the date for the examination in accordance with the number of disabilities as well as the type you are claiming. Attend this exam as missing it could delay the process of your claim.
After the examinations are completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and give you a decision-making packet. If the VA denies your claim, you have one year from the date of the letter to request a higher-level review.
At this moment, a lawyer will assist you. Lawyers who are accredited by VA can now be involved in appeals from the beginning, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans disability can be frustrating. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement, you must inform the VA why you are not happy with their decision. It is not necessary to list all of the reasons but you should list everything you disagree with.
You should also request your C file, or claims file, to see what evidence the VA used to arrive at their decision. Most of the time there are gaps or incomplete records. This could lead to a mistake in the rating.
When you file your NOD, it will be asked to choose whether you want your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO examines your case than when it's reviewed by BVA.
In the event of a DRO review, you can request a personal hearing before an experienced senior rating specialist. The DRO will examine your claim "de de novo" which means they will not rely on the previous decision. This typically will result in a brand new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the most lengthy appeals procedure and can take up to three years before you receive an update on the decision.
What is the average cost a lawyer can charge?
A lawyer could charge a fee to help you appeal an VA disability decision. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.
Veterans can identify accredited representatives by using the VA's searchable database that lists accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a broad spectrum of cases, including disability compensation claims and pension claims.
Most disability advocates for veterans operate on a contingent basis. They only receive compensation when they prevail in their client's appeal and they also receive back pay from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total past-due benefits.
In rare cases an attorney or agent may decide to charge on an an hourly basis. However, this is uncommon for two reasons. First, these situations tend to be time-consuming and can drag on for months or even years. Second, most veterans and their families are unable to afford to pay on an hourly basis.
Ken advises veterans of the military to help them get the disability compensation they deserve. He is also a lawyer for 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 an VA Disability?
The amount of monetary compensation per month paid to veterans with service connected disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and may range between 0% and 100% in increments of 10% (e.g. 20 percent 30%, 20%, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation, such as individual unemployability, automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
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 extra credits are called "credit for service."
A majority of the conditions that can qualify a veteran for disability compensation are mentioned in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A skilled lawyer with years of experience can assist a client to obtain this opinion and present the evidence required to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients get the disability benefits that they are entitled to. We have handled hundreds of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who, after successfully representing himself at a Board of veterans disability attorneys Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.
How do I claim a benefit?
The first step is to track down the medical evidence for their disability. This includes X-rays, doctor's reports, or other documents relevant to their medical condition. It is essential to submit these records to VA. If a veteran doesn't have these documents, 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 to review your claim before you have the proper information and medical records. This form also preserves the effective date of your compensation benefits in the event that you win your case.
The VA will schedule your appointment once all of the information has been received. The VA will set the date for the examination in accordance with the number of disabilities as well as the type you are claiming. Attend this exam as missing it could delay the process of your claim.
After the examinations are completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and give you a decision-making packet. If the VA denies your claim, you have one year from the date of the letter to request a higher-level review.
At this moment, a lawyer will assist you. Lawyers who are accredited by VA can now be involved in appeals from the beginning, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans disability can be frustrating. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement, you must inform the VA why you are not happy with their decision. It is not necessary to list all of the reasons but you should list everything you disagree with.
You should also request your C file, or claims file, to see what evidence the VA used to arrive at their decision. Most of the time there are gaps or incomplete records. This could lead to a mistake in the rating.
When you file your NOD, it will be asked to choose whether you want your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO examines your case than when it's reviewed by BVA.
In the event of a DRO review, you can request a personal hearing before an experienced senior rating specialist. The DRO will examine your claim "de de novo" which means they will not rely on the previous decision. This typically will result in a brand new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the most lengthy appeals procedure and can take up to three years before you receive an update on the decision.
What is the average cost a lawyer can charge?
A lawyer could charge a fee to help you appeal an VA disability decision. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.
Veterans can identify accredited representatives by using the VA's searchable database that lists accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a broad spectrum of cases, including disability compensation claims and pension claims.
Most disability advocates for veterans operate on a contingent basis. They only receive compensation when they prevail in their client's appeal and they also receive back pay from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total past-due benefits.
In rare cases an attorney or agent may decide to charge on an an hourly basis. However, this is uncommon for two reasons. First, these situations tend to be time-consuming and can drag on for months or even years. Second, most veterans and their families are unable to afford to pay on an hourly basis.
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