Katherin Gallardo спросил 8 месяцев назад
Veterans Disability Litigation
Ken assists veterans in obtaining the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School minneapolis veterans disability attorney Legal Services Clinic this week, the Department of Veterans Affairs discriminated for decades against Black veterans by discriminating against their disability claims.
What is an VA disability?
The disability rating determines the amount of monthly payments to veterans with disabilities that are related to service. The rating is determined by the severity of the illness or injury and dallas veterans disability lawyer can be as low as 0% and up to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The amount is devoid of 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 unemployment, auto allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the standard disability compensation.
The Social Security Administration also gives veterans special credits they can utilize to increase their earnings over time to qualify for retirement or disability benefits. These extra credits are called «credit for service.»
Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. Certain of these conditions, however, require an expert’s opinion. An experienced veteran lawyer can assist a client to obtain this opinion and provide the proof needed to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients obtain the disability benefits they deserve. We have handled hundreds of disabilities cases and are skilled in the complexity 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 a Board of Veterans Appeals hearing.
How do I make a claim?
The first step is to locate the medical evidence to prove their impairment. This could include X-rays, doctor’s reports, as well in any other documentation related to the veteran’s condition. 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 form allows the VA examine your claim even before you have the necessary information and medical records. The form also keeps the effective date of your compensation benefits if you have a successful case.
The VA will schedule your examination after all the required information has been received. The VA will schedule the exam in accordance with the severity of your disability and the type of disability you’re claiming. Make sure you take this exam, as if you miss it the exam could delay your claim.
After the examinations have been completed Once the examinations are complete, after the examinations are completed, VA will examine the evidence and then send you a decision package. If the VA decides to deny the claim, you will have one year to request a higher level review.
At this stage, a lawyer is able to assist you. VA-accredited lawyers can now be involved in the appeals from the start, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a frustrating experience. Fortunately the VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement you must inform the VA the reason you don’t like their decision. You don’t have to list all of the reasons but you should list everything that you disagree on.
It’s also crucial to request your C-file (claims file) to see the evidence that the VA used to make their decision. There are often incomplete or missing records. This can sometimes lead to an error in the rating.
When you submit your NOD it is up to you to decide if prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success with a DRO review than with the BVA.
You can request a private hearing with a senior rating expert via a DRO review. The DRO will examine your claim «de de novo» which means they will not accept the previous decision. This typically results in the issue of a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the longest appeals process, and it could take approximately three years to get a new decision.
How much can a lawyer charge?
A lawyer could charge a fee for helping you appeal an VA disability decision. However, the law currently prohibits lawyers from charging for assistance in the case. The fee is only payable if the lawyer wins your case or increases your benefits via an appeal. Typically the fees will be paid directly out of any lump-sum payments you get from the VA.
Veterans can use the VA’s database of attorneys who are accredited or claim agents to locate accredited representatives. These individuals have been approved by the Department of Dallas veterans disability Lawyer Affairs to represent veterans, service members and their dependents as well as survivors on a range of issues including disability compensation and pension claims.
Most veterans’ disability advocates operate on a contingent basis. This means that they only get paid if they prevail in the appeal of the client and get back payment from the VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant’s past-due benefit award.
In rare instances an attorney or dallas veterans disability Lawyer agent may choose to charge an hourly rate. However, this is not the norm due to two reasons. These issues could take months or even years to resolve. In addition, many veterans and their families are unable to afford an hourly fee.