Ken assists veterans to get the disability benefits they are entitled to. Ken is also a lawyer for his 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 disability lawyer Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is what is VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. This rating is based upon the severity of an illness or injury, and Veterans Disability Litigation can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30%, 20 percent, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their families.
VA provides additional compensation through other programs, including individual unemployment, clothing allowances prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans a special credit they can utilize to increase their earnings over time to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. Certain of these conditions however, require an expert's opinion. A skilled lawyer with years of experience can assist a client in obtaining this opinion and provide the evidence needed to prove an application for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans disability lawsuit in disability claims and appeals. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans' rights a priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.
How do I submit a claim?
First, veterans must look up the medical evidence to prove their condition. This includes Xrays or doctor's reports as well in any other documentation related to the condition of the veteran. The submission of these records to the VA is essential. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).
The next step is a filing of an intent to file. This form allows the VA to review your claim even before you have all the medical records required. This form also protects the date on which you will receive your compensation benefits in case you are successful in your case.
The VA will schedule your examination after all the information is received. This will be dependent on the type and number of disabilities you are claiming. Make sure that you take this test, because in the event you fail to take it, it could delay your claim.
The VA will provide you with a decision package once the examinations have been completed. If the VA refuses to accept the claim you will have one year to request a more thorough review.
At this stage, a lawyer is able to help you. VA-accredited lawyers are now involved in appeals right from the beginning, which is a huge advantage for those who are seeking disability benefits.
How do I appeal a denial?
The denial of veterans' disability benefits can be extremely frustrating. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement you have to tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you should state all the issues that you disagree with.
It is also essential to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. Most of the time there are gaps or incomplete records. This could lead to an error in the rating.
When you submit your NOD, you will be asked to choose whether you would like your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success when the DRO examines your case than if it's reviewed by the BVA.
You can request a private hearing with a senior rating expert via the process of a DRO review. The DRO will examine your claim "de novo" which means that they will not accept the previous decision. This usually will result in a brand new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the time lengthy appeals procedure and typically takes anywhere from one to three years to get a new decision.
What is the cost an attorney could charge?
A lawyer can charge a fee for helping you appeal a VA disability decision. But, current law prohibits lawyers from charging fees for assistance with a claim. The fee is only due if the lawyer wins your case or increases your benefits by filing an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.
Veterans may identify accredited representatives by using the VA's searchable database of certified attorneys or claims agents. They are vetted by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide spectrum of cases including disability compensation claims and pension claims.
The majority of veterans' disability advocates work on a contingency basis. This means that they will only be paid if they are successful in winning the appeal of the client and receive back pay from the VA. The amount of backpay that is given can be different but can be as high as 20 percent of a claimant's past-due benefits.
In rare instances lawyers or agents may choose to charge an hourly rate. This is not common due to two reasons. These issues could take months or even years to be resolved. The second reason is that most veterans disability settlement and their families cannot afford to pay for these services on an hourly basis.
