Doreen Gray спросил 5 месяцев назад
Veterans Disability Litigation
Ken assists veterans in obtaining the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School stuart veterans disability lawsuit Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.
What is an VA Disability?
The amount of monetary compensation per month that veterans receive for 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 zero and 100% in increments of 10% (e.g. 20 percent 30%, 20%, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their families.
The VA also has other programs that provide additional compensation such as the individual unemployed, the automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military tuscaloosa veterans disability lawyer special credits to boost their earnings over the course of their lives for retirement or disability benefits. These additional credits are known as «credit for service.»
Many of the conditions that can qualify a veteran for disability compensation are mentioned in the Code of Federal Regulations. However, certain conditions require an expert’s advice. An experienced lawyer can assist a client to obtain this opinion and present the evidence required to support a claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to ensuring that our clients receive the disability benefits that they are entitled to. We have handled thousands of disability cases and we are well-versed with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.
How do I make a claim?
The first step is to track down the medical evidence to prove their condition. This includes X-rays, doctor’s reports or other documentation regarding their health. The submission of these records to the VA is crucial. 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 the filing of an intention to file. This is a form that allows the VA to review your claim before you have all the medical records required. This form also preserves the date you can start receiving your compensation benefits in case you are successful in your case.
When all the data is submitted, the VA will arrange an examination for you. This will depend on the quantity and type of disabilities you are claiming. Make sure you attend the exam, since should you miss it, it could delay your claim.
Once the tests are complete after which the VA will examine the evidence and send you a decision packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.
A lawyer can help in this situation. VA-accredited lawyers are now involved in the appeals from the start, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a difficult experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your notice of disagreement, you must tell the VA the reasons you don’t agree with their decision. You don’t have to list every reason, but you must be clear about the issues you disagree with.
You should also request your C file, vimeo or claims file, so that you can see the evidence that the VA used to make their decision. Most of the time, there are missing or insufficient records. This can sometimes lead to a mistake in the rating.
When you file your NOD it is up to you to decide if would like to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you’ll have a greater chance of success when the DRO examines your case rather than when it’s reviewed by the BVA.
You can request a personal hearing with an expert in senior ratings through the process of a DRO review. The DRO will conduct an investigation of your claim on the basis of a «de novo» basis, meaning they do not give deference to the previous decision. This typically results in a new Rating Decision. You can also request that the BVA in Washington review your claim. This is the longest appeals procedure and can take approximately three years to get an update on the decision.
How much can an attorney charge?
A lawyer can charge a fee to help you appeal a VA disability decision. However, the law currently prohibits lawyers from charging fees for assistance in the case. The fee is only payable if the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees are paid directly from any lump-sum payments you get from the VA.
Veterans can use the VA’s database of accredited attorneys or claim agents to find accredited representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad spectrum of cases including disability compensation claims and pension claims.
Most disability advocates for veterans are paid on a contingent basis. This means that they are only paid if they prevail in the appeal of the client and receive back payments from the VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant’s past-due benefit.
In rare cases an attorney or agent could decide to charge an hourly fee. But, this isn’t common for two reasons. First, these cases are usually time-consuming and can last for months or even years. Second, most veterans and their families can’t afford to pay on an hourly basis.