Felicitas Marian спросил 8 месяцев назад
Veterans Disability Litigation
Ken counsels military veterans to help them obtain the disability compensation they are entitled to. He also represents 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 denial of their disability claims.
What is an VA Disability?
The disability rating determines the amount of compensation per month paid to veterans with disabilities that are related to service. This rating is based upon the severity of the illness or injury and can range from 0% to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The compensation is free of tax and provides a basic amount of income to the disabled veteran and his family.
VA provides additional compensation through other programs, for example individual unemployment, clothing allowances prestabilization and hospitalization automobile allowances, and hospitalization allowances. These are in addition to the standard disability compensation.
The Social Security Administration also gives veterans special credits that they can utilize to increase their earnings over time to be eligible for disability or retirement benefits. These extra credits are known as «credit for service.»
Many of the conditions that allow an individual for disability compensation are listed in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. A seasoned lawyer with experience can assist a client to obtain this opinion and provide the evidence required to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to helping our clients obtain the disability benefits that they are entitled to. We have handled thousands disability cases and are conversant with the complexities of VA rules and regulations. Our firm was started by a disabled vet who made fighting for veterans’ rights a key part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.
How do I submit a claim?
Veterans must first find the medical evidence to prove their disability. This includes X-rays and doctor’s reports, or other documents that relate to their medical condition. It is important to provide these records to VA. If a veteran does not have these documents, they should 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 examine your claim even before you have the needed information and medical records. This form also ensures the date on which you will receive your compensation benefits in the event you succeed in your claim.
When all the information is received when all the information is in, the VA will arrange an examination for you. It will depend on the type and number of disabilities you are claiming. Make sure that you take the exam, since if you miss it, it could delay your claim.
The VA will send you a decision-making package once the examinations have been completed. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.
A lawyer can help in this situation. VA-accredited lawyers are now involved in the appeals right from the beginning, which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability lawsuits disability benefits can be a gruelling experience. Fortunately, the VA has an appeals process for these decisions. The first step is to send the Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your notice of disagreement, you must inform the VA the reasons you don’t agree with their decision. It is not necessary to list all the reasons, but you should mention everything you disagree with.
It is also essential to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. Most of the time there are no or insufficient records. This could lead to a mistake in the rating.
When you submit your NOD you must decide whether you want to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you’ll have a better chance of success when the DRO reviews your case than if it’s viewed by the BVA.
You can request a private hearing with a senior rating expert through an DRO review. The DRO will conduct an investigation of your claim on the basis of a «de de novo» basis, meaning they will not give deference to the previous decision. This usually results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest appeals process, and it could take up to three years to reach an appeal to be heard.
What is the average cost a lawyer can charge?
Lawyers can charge a fee to help appeal an VA decision on a disability claim. However, veterans Disability Law Firms current law prevents lawyers from charging fees to assist in a claim. This is because the fee is dependent on the lawyer winning your case, Veterans Disability law firms or getting your benefits increased by an appeal. Typically the fees will be paid directly from the lump-sum payments that you receive from the VA.
Veterans may be able to locate accredited representatives using the VA’s searchable database that lists accredited attorneys or claims representatives. They are vetted by the Department of veterans disability law firms — dnpaint.co.kr — Affairs and can represent veterans, service members or their dependents in a wide range of matters including pension claims, disability compensation and claims.
The majority of veterans’ disability advocates are paid on a contingent basis. They only get paid when they are successful in defending their client’s case, and they are also paid back from VA. The amount of backpay given can be different but it could be as high as 20 percent of the claimant’s past-due benefits.
In rare instances an attorney or agent may choose to charge an hourly rate. This is rare for two reasons. First, these matters are often 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.