Veterans Disability Litigation

Ken advises veterans of the military to assist them in obtaining the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by discriminating against their disability claims as per a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is based on their disability rating. This rating is based on the severity of the illness or injury and can vary from 0% to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.

The VA also offers other programs that offer additional compensation like individual unemployment, car allowance, clothing allowance and prestabilization and Veterans Disability attorney hospitalization benefits. These are in addition to the standard disability compensation.

In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans disability attorney; click here now, special credits to boost their lifetime earnings for disability or retirement benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. However, certain circumstances require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the evidence needed to prove the claim for disability benefits.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled hundreds of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself at an appeals hearing before the Board of veterans disability case Appeals Hearing and gaining the support of veterans, made the rights of veterans an integral part of his practice.

How do I submit a claim?

Veterans must first locate the medical evidence to prove their impairment. This includes any X-rays, doctor's reports or other documentation relevant to their medical condition. The submission of these records to the VA is essential. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).

The next step is to make an intent to file. This is a form that allows the VA to begin reviewing your claim even before you have all the medical records required. It also keeps your effective date for compensation benefits in the event that you win your case.

The VA will schedule your examination once all of the information has been received. The VA will schedule the exam in accordance with the amount of disabilities you have and the type of disability you're claiming. Make sure you attend this exam, as if you miss it, it could delay your claim.

The VA will send you a decision-making package once the examinations have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.

A lawyer can help you at this point. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is hugely beneficial to people seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability attorneys disability benefits can be a frustrating experience. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disparage, you have to tell the VA why you disagree with their decision. It is not necessary to list all the reasons but you should include all the points you disagree with.

It is also essential to request your C-file (claims file) to see the evidence that the VA used to make their decision. Sometimes there are no or insufficient records. In some instances this could result in an error in the rating decision.

When you submit your NOD you must decide whether you want to have your case examined by a Decision Review Officer or by the Board of veterans disability law Appeals. In general you'll have more of a chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.

You can request a personal hearing with a senior rating expert through an DRO review. The DRO will conduct a review of your claim on an "de novo" basis, meaning they will not give deference to the previous decision. This usually will result in a brand new Rating Decision. You can also have the BVA in Washington review your claim. This is the most time demanding appeals process and usually takes between one and three years for a new decision.

How much does an attorney charge?

Lawyers may charge a fee to help you appeal an VA disability decision. The current law does not allow lawyers to charge for initial assistance in a claim. This is because the fee must be dependent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically the fees are directly derived from any lump-sum payments you receive from the VA.

Veterans can search the VA's database of accredited attorneys or claim agents to locate accredited representatives. They have been vetted by the Department of veterans disability law Affairs to represent veterans, service members, dependents, or survivors in a variety of issues including pension and disability compensation claims.

Most veterans' disability advocates are paid on the basis of a contingent. They only get paid when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay granted can differ but can be as high as 20 percent of the claimant's past due benefits.

In rare cases, an agent or lawyer might choose to charge an hourly rate. This is not common due to two reasons. First, these situations are often time consuming and can take months or even years. Additionally, many veterans and their families cannot afford to pay on an hourly basis.