Veterans Disability Litigation

Ken counsels military veterans to assist them in obtaining the disability compensation they deserve. He also represents his 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 by disproportionately denying their disability claims.

What is an VA Disability?

The disability rating determines the amount of monthly payments to veterans who have service-related disabilities. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is exempt from tax and provides a basic income to the disabled veteran and his family.

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

In addition to these benefit programs the Social Security Administration gives military eagle point veterans disability lawyer special credits to boost their lifetime earnings for retirement or disability benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists a variety of conditions that allow Columbus Veterans disability lawsuit to be eligible for disability compensation. However, some of these circumstances require an expert's opinion. A seasoned veteran attorney can assist a customer in obtaining this opinion and provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients receive the disability benefits they are entitled to. We have handled a variety of disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was established in 1996 by a disabled vet who, after successfully representing himself in an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights the top priority in his practice.

How do I make a claim?

Veterans need to first collect the medical evidence supporting their disability. This includes any X-rays, doctor's reports, or other documents related to their medical condition. It is important to provide these records to VA. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).

The next step is a filing of an intention to file. This form allows the VA examine your claim even before you have all the required information and medical records. It also keeps your date of eligibility for compensation benefits when you win your case.

The VA will schedule your exam once all of the details have been received. This will be dependent on the number and type of disability you claim. Don't miss this exam because it could delay the process of your claim.

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

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

How do I appeal a denial?

A refusal of veterans disability benefits can be a very frustrating experience. The VA offers an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice Of Disagreement you should state to the VA the reasons why you did not agree with their decision. You don't have to include all of the reasons but you should list all the points you disagree with.

It's also important to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. Sometimes there are no or insufficient records. In certain cases this could result in an error in the rating decision.

After you have submitted your NOD, you'll be asked to select whether you want your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO examines your case than if it's viewed by the BVA.

You can request a private hearing with a senior rating expert via an DRO review. The DRO will examine your claim "de novo" which means they will not rely on the previous decision. This typically results in an entirely new Rating Decision. You can also have the BVA in Washington examine your claim. This is the longest appeals procedure and can take up to three years for an appeal to be heard.

What is the average cost a lawyer can charge?

Lawyers may charge a fee for helping you appeal an VA disability decision. The law currently does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only due if the lawyer is successful in your case or columbus veterans disability Lawsuit increases your benefits through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

syracuse veterans disability lawsuit can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members or their dependents in a range of issues such as disability compensation and pension claims.

Most veterans' disability advocates are paid on a contingent basis. They only get paid when they prevail in 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 total benefit.

In rare instances lawyers or agents might decide to charge an hourly fee. This is not common due to two reasons. First, these matters can be time-consuming and can drag on for months or even years. Additionally, many veterans and their families can't afford to pay for these services on an hourly basis.