• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Veterans Disability Litigation

Ken counsels military veterans to help them get the disability compensation they deserve. He also represents his clients at VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School 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 a VA disability?

The disability rating determines the amount of compensation per month paid to veterans who have service-related disabilities. This rating is determined by the severity of the injury or illness and may range between 0% and 100% in increments of 10 percent (e.g. 20% 30, 30%, etc.). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation like individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

In addition to these benefit programs In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their disability or retirement benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists a variety of conditions that allow veterans to be eligible for disability compensation. However, certain conditions require an expert's advice. A seasoned lawyer with experience can assist clients in obtaining this opinion and provide the proof needed to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled a variety of disability cases and we are well-versed with the intricacies of VA laws and procedures. Our firm was started by a disabled vet who made fighting for veterans' rights a priority in his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans must find the medical evidence supporting their impairment. This includes X-rays, doctor's reports or any other documentation regarding their health. It is important to provide these records to VA. If a veteran does not have these documents, they must 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 even before you have all the medical records that you require. It also ensures that you have an date of effective for benefits when you win your case.

The VA will schedule your exam after all the details have been received. It will depend on the quantity and type of disabilities you are claiming. Attend this exam as missing it could delay the process of submitting your claim.

Once the tests are complete, the VA will review the evidence and send you a decision-making 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 assist you in this situation. VA-accredited lawyers can now be involved in the 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 veterans disability benefits can be a frustrating experience. Fortunately that the VA has an appeals process for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice Of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. You don't have to include all of the reasons however, you must mention everything you disagree with.

You must also request a C-file or claims file so that you can determine the evidence that the VA used to arrive at their decision. Sometimes there are missing or insufficient records. This can result in a mistake in the rating.

After you have submitted your NOD, it will be asked if you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a private hearing with a senior rating expert through an DRO review. The DRO will examine your claim "de de novo" which means that they will not defer to the previous decision. This usually results in a completely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest demanding appeals process and usually takes between one and three years to obtain a new decision.

How much can a lawyer charge?

A lawyer could charge a fee to help you appeal a VA disability decision. The law in place today does not allow lawyers to charge fees for initial assistance in a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans may be able to locate accredited representatives using the VA's searchable database that lists accredited attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a wide spectrum of cases such as pension claims, disability compensation and claims.

Most disability advocates for veterans work on a contingency basis. They only receive compensation when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay that is granted varies, but could be as much as 20 percent of the claimant's total past due benefit amount.

In rare cases, an agent or attorney may choose to charge on the basis of an hourly rate. This is uncommon due to two reasons. First, these situations are usually time-consuming and can go on for months or even years. In addition, many veterans and their families can't afford to pay an hourly rate.