veterans disability – Ghasemtorabi.ir – Litigation
Ken assists veterans to obtain the disability benefits they deserve. Ken also represents clients in 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 law firm Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is a VA Disability?
The disability rating determines the amount of monthly payments to veterans who have disabilities that are related to service. The rating is based on the severity of an injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20% 30 percent, 30%, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.
VA offers additional compensation through other programs, including individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, and hospitalization allowances. 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 special credits to boost their disability or retirement benefits. These extra credits are referred to as “credit for service.”
Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, some of these conditions require an expert’s advice. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the proof needed to prove the claim for disability benefits.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to helping our clients get the disability benefits they are entitled to. We have handled hundreds of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself at a Board of Veterans Appeals Hearing, made veterans’ rights a priority for his practice.
How do I submit a claim?
Veterans must first gather the medical evidence of their impairment. This includes any X-rays, doctor’s notes or other evidence that relate to their condition. It is crucial to provide these documents to the VA. If a veteran does not have these documents, the VA should be notified by the applicant (or their VSO).
The next step is to fill out an intent to file. This is a form that allows the VA to begin reviewing your claim, even before you have all the information and medical records required. The form also keeps the effective date of your compensation benefits in the event you have a successful case.
The VA will schedule your appointment when all information has been received. The VA will schedule the exam based on the severity of your disability and the type you claim. In the event that you do not attend this exam, it could delay the processing of your claim.
Once the tests are complete, the VA will examine the evidence and give you a decision package. If the VA rejects your claim, you have one year from the date of the letter to request a more thorough review.
A lawyer can help at this point. Accredited lawyers from VA can be involved in the appeals from the beginning which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a difficult 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 will then send you the Rating decision. In your Notice of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don’t have to include every reason however, you must mention all the points you disagree with.
You should also request your C file, or claims file, so that you can determine what evidence the VA used to arrive at their decision. There are usually insufficient or missing records. In some instances it could lead to an error in the rating decision.
After you have submitted your NOD, you will be asked to decide if you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you’ll have a better chance of success with a DRO review than with the BVA.
If you are subject to the DRO review you have the option of requesting a personal hearing before a senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a “de novo” basis, which means that they do not give deference to 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 most time consuming appeals path and typically takes one to three years to receive an updated decision.
How much can a lawyer charge?
A lawyer can charge a fee to help appeal an VA decision regarding the basis of disability. However, current law prevents lawyers from charging for initial assistance in a claim. The fee is only payable if the lawyer wins your case or increases your benefits via an appeal. Typically the fees will be directly derived from any lump-sum payments you receive from the VA.
Veterans may be able locate accredited representatives using the VA’s searchable database that lists accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans or their dependents in a range of issues such as disability compensation and pension claims.
The majority of veterans’ disability advocates work on a contingency. They only get paid when they succeed in winning their client’s appeal and they also receive back pay from VA. The amount of back pay that is given varies, but it can be as much as 20 percent of the claimant’s total past due benefits.
In rare cases an attorney or agent might decide to charge an hourly rate. This is not common for two reasons. These matters can take months or years to resolve. The second reason is that many veterans and their families can’t afford to pay an hourly rate.