Kory Robe asked 5 months ago
Veterans Disability Litigation
Ken assists veterans in navigating the system to help them obtain the disability compensation they are entitled to. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for years by generally denying their disability claims, according to the lawsuit filed this week by Yale Law School’s Veterans Legal Services Clinic.
What is an VA Disability?
The disability rating determines the amount of monthly compensation that is paid to veterans who have service-related disabilities. The rating is determined by the severity of the illness or injury and can range 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 family.
VA provides additional compensation through other programs, such as individual unemployment allowances for clothing prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits they can use to boost their lifetime earnings and qualify for retirement or disability benefits. These extra 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. An experienced veteran attorney can help a customer obtain this opinion and provide the evidence needed to support a claim of disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits that they deserve. We have handled a variety of disability cases and are familiar with the intricacies of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans’ rights a top priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first find the medical evidence that proves their disability. This includes X-rays or doctor’s reports, as with any other documentation that is related to the condition of the veteran. The submission of these records to the VA is crucial. If a veteran does not have these documents and the VA should be notified by the applicant (or their VSO).
The next step is the filing of an intention to file. This form lets the VA to review your claim before you have the proper information and medical records. This form also preserves the date of effective compensation benefits in the event that you are successful in your case.
The VA will schedule your examination after all the required information has been received. This will depend on the quantity and type of disability you claim. If you fail to attend this test, it could delay the process of submitting your claim.
Once the tests are complete, the VA will examine the evidence and give you a confirmation 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.
At this moment, a lawyer could assist you. Accredited lawyers from VA can be involved in appeals right from the beginning, which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
A refusal of oakland veterans disability lawsuit disability benefits can be a very frustrating experience. The VA has an appeals process for these decisions. The first step is to send the Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice Of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. It is not necessary to list all the reasons, but you should mention everything that you disagree on.
It’s also crucial to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are usually documents that are not complete or have been deleted. In some instances it could lead to an error in the rating decision.
If you submit your NOD you must choose whether you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you’ll have more of a chance of success when the DRO examines your case rather than if it’s reviewed by the BVA.
You can request a personal hearing with a senior rating expert through the process of a DRO review. The DRO will review your claim “de de novo” this means they will not be influenced by the previous decision. This usually results in the issue of a new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the most lengthy appeals procedure and can take up to three years for an update on the decision.
What is the average cost a lawyer can charge?
Lawyers can charge a fee for helping appeal an VA decision regarding the basis of disability. The law currently does not allow lawyers to charge for assistance with a claim in the beginning. This is due to the fact that the fee must be contingent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.
Veterans can search the VA’s database of lawyers accredited to practice or claim agents to locate accredited representatives. These representatives are accredited by the Department of doral veterans disability attorney Affairs and can represent veterans, service members or dependents in a wide range of matters, including pension and disability compensation claims.
The majority of veterans’ disability advocates are paid on the basis of a contingent. This means that they only get paid if they are successful in winning the appeal of the client and receive back pay from the VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant’s past-due benefit.
In rare instances lawyers or agents could decide to charge an hourly rate. This isn’t often the case due to two reasons. First, these situations tend to be time-consuming and can take months or even years. In addition, the majority of veterans and their families cannot afford to pay for these services on an hourly basis.