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Veterans Disability, Shinhwaspodium.Com, Litigation

Ken advises veterans of the military to assist them in getting 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 Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.

What is an VA disability?

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

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

In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their earnings over the course of their lives for retirement or disability benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. However, some of these conditions require an expert opinion. An experienced lawyer can assist a client to obtain this opinion and provide the proof needed to prove an application for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans' rights a major part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I claim a benefit?

Veterans need to first collect the medical evidence to prove their disability. This includes X-rays, doctor's reports, or other documents that relate to their health. The submission of these records to the VA is crucial. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intention to file. This form lets the VA review your claim even before you have the proper information and medical records. It also keeps your date of effective for benefits when you win your case.

The VA will schedule your appointment after all the required information has been received. It will depend on the type and number of disabilities you are claiming. Don't miss this exam because it could delay the process of submitting your claim.

The VA will send you a decision package once the examinations have been completed. If the VA decides to deny the claim, you will have one year to request a higher level review.

At this moment, a lawyer could assist you. Lawyers who are accredited by VA can now be involved in appeals right from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be extremely frustrating. The VA has an appeals process to appeal these decisions. The first step is to send the 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 have to list every reason, but you should be clear about the issues you disagree with.

You must also request a C-file, or claims file, to determine the evidence that the VA used to make their decision. In many cases there are gaps or insufficient records. This can lead to an error in the rating.

When you submit your NOD it is up to you to decide if would like your case considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll be more likely to have success with the DRO review DRO review than with the BVA.

With the DRO review you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will review your claim "de novo" which means that they will not rely on the previous decision. This typically results in a totally new Rating Decision. You can also have the BVA in Washington review your claim. This is the longest appeals process, and it could take up to three years for a new decision.

What is the cost an attorney could charge?

Lawyers can charge a fee for helping you appeal a VA decision on a disability claim. The law in place today does not allow lawyers to charge for initial assistance in a claim. This is because the fee has to be contingent upon the lawyer winning your case, or getting your benefits increased by an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans can identify accredited representatives by using the VA's searchable database of accredited attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a variety of matters including pension and disability compensation claims.

The majority of veterans disability lawsuit' disability advocates are paid on an ad-hoc basis. They only get paid when they win their client's appeal, and they also receive back pay from VA. The amount of back pay granted varies, but could be as much as 20 percent of the claimant's past-due benefit award.

In rare instances, an agent or lawyer might choose to charge an hourly rate. This is not common for two reasons. These issues can take months or years to be resolved. Second, many veterans and their families can't afford to pay an hourly fee.