Nola Dunne спросил 2 года назад
Veterans Disability Litigation
Ken counsels veterans of the military to assist them in obtaining the disability compensation they are entitled to. Ken also represents his clients in VA Board of veterans disability compensation 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 monetary compensation per month given to veterans with service-related disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free, and provides a minimum income for the disabled veteran and their families.
The VA also has other programs that provide additional compensation like individual unemployment, auto allowance, clothing allowance and prestabilization and hospitalization 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 veterans extra credits to increase their earnings over the course of their lives for disability or retirement benefits. These extra credits are called «credit for service.»
Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. Certain of these conditions however, require an expert’s opinion. An experienced lawyer can help a customer obtain this opinion and provide the evidence required to prove the claim of disability compensation.
Sullivan & Kehoe has extensive experience representing veterans disability settlement (pop over here) in disability claims and appeals. We are dedicated to assisting our clients to receive the benefits they’re entitled to. We have handled a variety of disability cases and are well-versed with the intricacies of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for veterans rights a priority in his practice after successfully representing himself in an appeal to the Board of veterans disability case Appeals hearing.
How do I make a claim?
First, veterans need to look up the medical evidence for their condition. This includes X-rays and doctor’s reports, as as any other documentation related to the condition of the veteran. Providing these records to the VA is crucial. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is the filing of an intent to file. This is a form that permits the VA to begin reviewing your claim, even before you have all the medical records that you require. This form also preserves the date on which you will receive your compensation benefits in the event you win your case.
The VA will schedule your appointment after all the information is received. The VA will set the date for the examination depending on the severity of your disability and the type of disability you claim. Don’t miss this exam because it could delay the process of your claim.
Once the tests are complete After the examinations are completed, the VA will examine the evidence and then send you a decision-making packet. If the VA denies the claim, you’ll have a year to request a higher-level review.
At this moment, a lawyer will help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be a source of frustration. Fortunately, the VA has an appeals process for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement, you should tell the VA the reasons you don’t agree with their decision. It is not necessary to list every reason, but you should list all the points you don’t agree with.
You should also request your C file or claims file so that you can see the evidence that the VA used to reach their decision. Often times there are no or incomplete records. In some cases, this can lead to an error in the rating decision.
When you file your NOD you must decide whether you would like to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you’ll have a higher chance of success when you opt for a DRO review than with the BVA.
When you request the DRO review, you have the option of asking for an individual hearing with a senior rating specialist. The DRO will review your claim «de de novo» which means that they will not rely on the previous decision. This typically results in a totally new Rating Decision. Alternatively, you can choose to have your claim reviewed by 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 an attorney charge?
A lawyer can charge a fee to assist you appeal a VA disability decision. The law in place today does not permit lawyers to charge for assistance with a claim in the beginning. This is because the fee has to be contingent on the lawyer winning your case or having your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.
Veterans are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans, dependents, or Veterans Disability Settlement survivors in a range of issues such as disability compensation and pension claims.
Most disability advocates for veterans are paid on an ad-hoc basis. This means that they will only be paid if they succeed in winning the client’s appeal and are awarded back payment from the VA. The amount of backpay that is granted can differ but can be as high as 20 percent of the claimant’s past due benefits.
In rare cases an attorney or agent might decide to charge an hourly fee. But, this isn’t common for two reasons. First, these matters are usually time-consuming and can go on for months or even years. Additionally, many veterans disability lawyers and their families can’t afford to pay for these services on an hourly basis.
