Veterans Disability Litigation
Ken assists veterans disability attorneys to obtain the disability benefits they deserve. 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, disproportionately refusing their disability claims.
What is a VA Disability?
The amount of monthly monetary compensation paid to veterans with service connected disabilities is based on their disability rating. This rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The compensation is free of tax and provides a basic income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the regular disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their disability or retirement benefits. These credits are referred to as “credit for service.”
A majority of the conditions that can qualify an individual for disability compensation are described in the Code of Federal Regulations. Some of these conditions, however require an expert’s advice. A seasoned lawyer with experience can assist clients in obtaining this opinion and provide the evidence required to support the claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients obtain the disability benefits they deserve. We have handled a variety of disability cases and are conversant with the intricacies of VA regulations and laws. 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 in an appeal to the Board of Veterans Appeals hearing.
How do I submit a claim?
Veterans need to first collect the medical evidence to prove their disability. This includes Xrays, doctor’s notes or other evidence related to their health. It is vital to provide these records to VA. If a veteran doesn’t have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is the filing of an intention to file. This form permits the VA to review your claim before you have all the information and medical records you require. It also protects your date of eligibility for compensation benefits when you win your case.
When all the data is provided, the VA will arrange an examination for you. This will depend on the type and number of disability you claim. Be sure to take this exam, as should you miss it this could affect your claim.
After the examinations have been completed Once the examinations are complete, after the examinations are completed, VA will examine the evidence and send you a decision packet. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.
At this point, a lawyer can assist you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit to those seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a very frustrating experience. Fortunately, the VA has an appeals process for 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 must explain to the VA why you are not happy with their decision. You don’t need to list every reason, but you should state all the issues that 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 in making their decision. Most of the time, there are missing or incomplete records. This can sometimes lead to a mistake in the rating.
When you file your NOD, you will need to decide if you want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you’ll have a greater chance of success with the DRO review DRO review than with the BVA.
If you are subject to an DRO review, you have the option of asking for a personal hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on an “de novo” basis, which means that they will not give deference to the previous decision. This usually results in the issue of a new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and can take approximately three years to get an appeal to be heard.
What is the cost an attorney could charge?
A lawyer can charge a fee to help you appeal the VA decision regarding a disability claim. The law as it stands today does not allow lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee has to be dependent on the lawyer prevailing in your case or receiving your benefits increased as a result of an appeal. Typically these fees are paid directly from any lump-sum payment you receive from the VA.
Veterans can look through the VA’s database of lawyers accredited to practice or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and can represent service members, veterans or their dependents in a wide spectrum of cases that include pension claims and disability compensation claims.
The majority of veterans’ disability advocates are paid on the basis of a contingent. They only receive compensation when they are successful in defending their client’s case, and they are also paid back from VA. The amount of backpay paid can vary however it could be as high as 20 percent of a claimant’s past-due benefits.
In rare instances, an agent or lawyer may choose to charge an hourly rate. However, this is uncommon due to two reasons. These matters can take months or years to be resolved. Additionally, many veterans and their families can’t afford to pay on an hourly basis.
