Lucy Carothers спросил 3 месяца назад
Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they are entitled to. Ken 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, disproportionately refusing their disability claims.
What is what is VA Disability?
The disability rating determines the amount of monthly payments to veterans with service-related disabilities. This rating is based upon the severity of an injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20 percent, 30 percent, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their family.
VA offers additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization, allowances for automobiles, and hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credit to boost their disability or retirement benefits. These credits are also referred to as «credit for service.»
Many of the conditions that allow disabled ardmore veterans disability lawsuit for disability benefits are described in the Code of Federal Regulations. However, certain conditions require an expert’s opinion. A veteran lawyer with experience can assist a customer in obtaining this opinion and provide the evidence needed to support a claim of 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 that they deserve. We have handled hundreds of disability cases and are proficient in the complexities of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a top priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
First, veterans must track down the medical evidence to prove their disability. This includes X-rays, doctor’s notes or other evidence relevant to their medical condition. It is important to provide these records to VA. 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 to make 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 protects the date of effective compensation benefits if you have a successful case.
The VA will schedule your medical exam after all the required details have been received. The VA will schedule the exam in accordance with the amount of disabilities you have and the type of disability you claim. Make sure that you take this test, because If you don’t, it could delay your claim.
The VA will send you a decision package after the examinations are completed. If the VA denies the claim, you have a year to request a higher level review.
A lawyer can help at this point. Accredited lawyers from VA can be involved in the appeals from the beginning which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
The denial of veterans’ disability benefits can be extremely frustrating. The VA offers an appeals procedure to appeal these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA why you disagreed with their decision. You don’t have to give every reason, but you must be clear about the issues you don’t agree with.
It is also essential to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. Often times there are gaps or insufficient records. This could lead to an error in the rating.
When you submit your NOD, you will be asked to decide if you would like your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general, you will have a greater chance of success with a DRO review than with the BVA.
With a DRO review, you have the option of asking for a personal hearing before a senior rating specialist. The DRO will review your claim «de novo» which means they will not accept the previous decision. This typically results in a new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the longest appeals procedure and can take up to three years to reach an update on the decision.
How much can an attorney charge?
A lawyer can charge a fee to assist appeal an VA decision regarding a disability claim. The law in place today does not allow lawyers to charge fees 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 payments you receive from the VA.
Veterans may be able to locate accredited representatives using the VA’s searchable database that lists certified attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent chickasaw veterans disability law firm, service members, dependents, or survivors in a variety of issues including pension and disability compensation claims.
Most disability advocates for veterans work on a contingency basis. This means that they will only be paid if they are successful in winning the appeal of the client and receive back payment from the VA. The amount of backpay granted can differ however it could be as high as 20 percent of the claimant’s past due benefits.
In rare cases attorneys or agents might decide to charge on an per hour basis. This is not common due to two reasons. These matters can take a long time to resolve. In addition, many veterans and their families don’t afford to pay an hourly fee.