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Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. Ken assists his clients at VA Board of waverly veterans disability attorney 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 by denial of their disability claims.

What is a VA disability?

The amount of monetary compensation per month paid to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and may range between zero and 100% in increments of 10 percent (e.g. 20 percent 30, 30%, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their families.

VA offers additional compensation through other programs, like individual unemployment, clothing allowances, hospitalization and prestabilization, car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credits that they can utilize to increase their lifetime earnings to qualify for retirement or disability benefits. These extra credits are 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, some of these conditions require an expert’s advice. An experienced lawyer can assist a client obtain this opinion and provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing Newark Veterans Disability Lawsuit with disabilities claims and appeals. We are dedicated to helping our clients get the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an integral part of his practice.

How do I make a claim?

Veterans must first locate the medical evidence to prove their impairment. This could include X-rays, doctor’s reports as well with any other documentation that is related to the condition of the veteran. It is important to provide these records to VA. If a veteran does not have these documents and the VA must be informed by the applicant (or their VSO).

The next step is to submit an intent to file. This is a form that permits the VA to review your claim even before you have all the medical records you need. This form also preserves the date of effective compensation benefits if you are successful in your case.

If all the required information is provided When all the information is submitted, the VA will schedule an exam for you. The VA will schedule the exam according to the number of disabilities and the type you are claiming. In the event that you do not attend this exam, it could delay the process of submitting your claim.

Once the examinations are complete Once the examinations are complete, after the examinations are completed, VA will examine the evidence and then send you a confirmation packet. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.

A lawyer can assist you in this situation. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is an enormous benefit to those seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a difficult experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office which 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. It is not necessary to list every reason, but you must list all the points you disagree with.

It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. Often times there are missing or insufficient records. In certain cases this could lead to an error in the rating decision.

When you file your NOD you must choose whether you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you’ll have a greater chance of success with a DRO review than with the BVA.

You can request a personal hearing with a senior rating expert through a DRO review. The DRO will examine your claim “de novo” which means that they will not accept the previous decision. This typically results in an entirely new Rating Decision. You can also request that the BVA in Washington review your claim. This is the longest lengthy appeals procedure and typically takes between one and three years to get a new decision.

What is the cost an attorney could charge?

A lawyer can charge a fee to help appeal an VA decision on the basis of disability. The law currently does not permit lawyers to charge for initial assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans may be able to find accredited representatives via the VA’s searchable database of licensed attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast range of issues that include pension claims and disability compensation claims.

Most disability advocates for veterans are paid on an ad-hoc basis. This means that they are only paid if they win the client’s appeal and are awarded back payment from the VA. The amount of back pay that is given varies, but it can be as much as 20 percent of the claimant’s past-due benefit amount.

In rare cases an attorney or agent may decide to charge an an hourly basis. This isn’t often the case due to two reasons. First, these situations tend to be time-consuming and can go on for months or even years. Second, many veterans and their families can’t afford to pay an hourly fee.