Reggie Willson спросил 5 месяцев назад
Veterans Disability Litigation
Ken advises veterans of the military to help them obtain the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims as per a lawsuit filed this week by Yale Law School’s Veterans Legal Services Clinic.
What is an VA Disability?
The amount of monetary compensation per month provided to veterans suffering from disabilities resulting from service is based on their disability rating. This rating is determined by the severity of the injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20% 30 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.
VA provides additional compensation through other programs, such as individual unemployment, clothing allowances, hospitalization and prestabilization, car allowances, and hospitalization allowances. These are in addition to the standard disability compensation.
The Social Security Administration also gives veterans special credit that they can use to boost their lifetime earnings and be eligible for disability or retirement benefits. These additional credits are known as «credit for service.»
Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. Certain of these conditions, however require an expert’s advice. An experienced lawyer can assist a client in obtaining an opinion, and also provide the necessary evidence to support the claim of disability compensation.
Sullivan & Kehoe has extensive experience in representing Tumwater Veterans disability lawsuit in appeals and claims for disability. We are committed to ensuring that our clients obtain the disability benefits that they deserve. We have handled hundreds of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself in a Board of Veterans Appeals Hearing, made veterans’ rights an important aspect of his work.
How do I make a claim?
First, veterans must track down the medical evidence to prove their condition. This includes X-rays and doctor’s reports as well in any other documentation related to the condition of the veteran. It is essential to submit these records to VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intention 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. It also ensures that you have an date of eligibility for compensation benefits when you win your case.
When all the data is submitted after all the information has been received, the VA will schedule an exam for you. This will be dependent on the quantity and type of disabilities you are claiming. Make sure that you take this test, because should you miss it the exam could delay your claim.
The VA will provide you with a decision package once the examinations have been completed. If the VA refuses to accept the claim you have a year 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 right from the beginning, which is a huge advantage for those who are seeking disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans can be extremely frustrating. Thankfully, the VA has an appeals process for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you must inform the VA the reason you don’t like their decision. You don’t have to include every reason however, you must mention all the points you disagree with.
It is also essential to request your C-file (claims file) to see the evidence that the VA used in making their decision. Often times there are no or incomplete records. This can sometimes lead to an error in the rating.
If you file your NOD, it will be asked to decide if you want your case to be reviewed by the Board of macon veterans disability lawyer Appeals or a Decision Review officer. In general you’ll have more of a chance of success when the DRO examines your case rather than when it’s reviewed by BVA.
You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will examine your claim «de de novo» which means that they will not accept the previous decision. This usually results in an entirely new Rating Decision. You can also have the BVA in Washington review your claim. This is the most lengthy appeals procedure and can take up to three years to reach an appeal to be heard.
What is the average amount an attorney can charge?
A lawyer could charge a fee for helping you appeal an VA disability decision. However, current law prohibits lawyers from charging fees to assist when submitting a claim. The fee is only payable if the lawyer wins your case or increases your benefits via an appeal. Typically these fees are paid directly from any lump-sum payments you receive from the VA.
Veterans are able to search the database of accredited attorneys or claim agents to find accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans or their dependents in a range of issues including pension and disability compensation claims.
Most veterans’ disability advocates are paid on a contingent basis. They only receive compensation when they win their client’s appeal, and they also receive back pay from VA. The amount of backpay given can be different however it could be as high as 20 percent of a claimant’s past-due benefits.
In rare cases, an agent or lawyer might decide to charge an hourly rate. This is not common due to two reasons. These issues can take months or even years to be resolved. Second, many veterans and their families are unable to afford to pay an hourly fee.