Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of moscow veterans disability Affairs discriminated against Black hartwell veterans disability for years by disproportionately rejecting their disability claims in the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The disability rating determines the amount of compensation per month paid to veterans who have service-related disabilities. This rating is based upon the severity of the injury or illness and can vary from 0% to 100% in 10% increments (e.g., 20%, 30% etc). The compensation is tax-free, and provides a minimum income to the disabled veteran and their family.

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

The Social Security Administration also gives veterans special credit that they can use to increase their lifetime earnings and qualify for retirement or Vimeo disability benefits. These credits are referred to as "credit for service."

A majority of the conditions that can qualify an individual for disability compensation are mentioned in the Code of Federal Regulations. However, some of these conditions require an expert's opinion. An experienced lawyer can assist clients in obtaining this opinion and provide the evidence needed to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing coshocton veterans disability with disabilities claims and appeals. We are committed to helping our clients to receive the disability benefits they deserve. We have handled thousands disability cases and are well-versed with the intricacies of VA regulations and laws. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself in a Board of plainfield veterans disability Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.

How do I make a claim?

First, veterans must look up the medical evidence for their condition. This includes any X-rays, doctor's reports or other documentation related to their health. It is essential to submit these documents to the VA. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).

The next step is to fill out an intent to file. This form allows the VA to review your claim before you have the necessary information and medical records. This form also protects the date on which you will receive your compensation benefits in case you succeed in your claim.

Once all the information is provided When all the information is submitted, the VA will schedule an examination for you. The VA will schedule an examination depending on the amount of disabilities you have and the type of disability you claim. Attend this exam as missing it could delay the process of your claim.

After the examinations are completed After the examinations are completed, the VA will review the evidence and send you a decision-making packet. If the VA rejects the claim, you will have one year to request a more extensive review.

At this moment, a lawyer will help you. VA-accredited lawyers are now involved in appeals from the beginning which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a very frustrating experience. Thankfully the VA has an appeals procedure for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't have to give every reason, but you should be clear about the issues you disagree with.

You must also request your C-file or claims file so that you can determine what evidence the VA used to make their decision. Sometimes there are missing or incomplete records. This can lead to a mistake in the rating.

If you file your NOD, the applicant will be asked to select whether you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success if the DRO reviews your case, Vimeo compared to if it's viewed by the BVA.

You can request a personal hearing with a senior rating expert via a DRO review. The DRO will conduct an investigation of your claim on the basis of a "de de novo" basis, which means they will not give deference to the previous decision. This usually results in an entirely new Rating Decision. You can also have the BVA in Washington review your claim. This is the most lengthy appeals procedure and can take up to three years for a new decision.

How much can an attorney charge?

A lawyer may charge a fee if you appeal an VA decision on the basis of disability. The law currently does not permit lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee must be contingent on the lawyer winning your case, or getting your benefits increased by an appeal. Typically the fees are paid directly out of any lump-sum payments you receive from the VA.

Veterans can look through the VA's database of attorneys who are accredited or Vimeo claim agents to locate accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a range of issues such as disability compensation and pension claims.

Most veterans' disability advocates operate on a contingent basis. They only get paid when they win their client's appeal, and they 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 benefits.

In rare instances, an agent or lawyer might choose to charge an hourly rate. However, this is not the norm for two reasons. First, these cases are usually time-consuming and can last for months or even years. Additionally, many veterans and their families cannot afford to pay on an hourly basis.