Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability compensation they deserve. Ken also represents clients in VA Board of brentwood veterans disability lawsuit Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims as per a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The disability rating determines the amount of monthly compensation paid to veterans with disabilities that are related to service. This rating is based upon the severity of the injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20% 30, 30 percent, etc.). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.

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

In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credits to increase their retirement or disability benefits. These credits are referred to as "credit for service."

A majority of the conditions that make a veteran for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions however require an expert's advice. An experienced veteran lawyer can assist a client to obtain this opinion and provide the evidence needed to support an application for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to ensuring that our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after securing his own representation in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights a priority for his practice.

How do I make a claim?

The first step is to track down the medical evidence that supports their disability. This includes any X-rays, doctor's reports or other documentation relevant to their health. It is crucial to provide these records to VA. If a veteran doesn't have these documents then the VA must be informed by the applicant (or their VSO).

The next step is a filing of an intention to file. This form allows the VA to begin reviewing your claim even before you have all the information and medical records that you require. It also protects your effective date for compensation benefits when you win your case.

When all the data is received after all the information has been received, the VA will arrange an examination for you. The VA will schedule an examination in accordance with the amount of disabilities you have and the type of disability you're claiming. Make sure that you take the exam, since if you miss it this could affect your claim.

Once the examinations are complete, the VA will examine the evidence and give you a decision package. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.

At this point, a lawyer can assist you. Accredited lawyers from VA can be involved in the appeals from the beginning which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for key biscayne veterans Disability attorney can be frustrating. The VA offers 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 decision on Rating. In your Notice of Disparage, you must inform the VA why you disagree with their decision. You don't have to list all of the reasons, but you should mention everything that you disagree on.

It's also crucial to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are usually incomplete or missing data. This can sometimes lead to a mistake in the rating.

If you submit your NOD you will need to decide if you would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will be more likely to have success when you opt for the DRO review DRO review than with the BVA.

If you are subject to a DRO review, you have the option of requesting an individual hearing with an experienced senior rating specialist. The DRO will examine your claim "de novo" which means they will not accept the previous decision. This usually results in an entirely new Rating Decision. You may also decide to request that the BVA in Washington examine your claim. This is the most time consuming appeals path and typically takes one to three years for an updated decision.

What is the cost an attorney could charge?

Lawyers may charge a fee for helping you appeal a VA disability decision. But, current law prohibits lawyers from charging fees to assist when submitting a claim. This is because the fee is contingent on the lawyer winning your case, or having your benefits increased through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of matters such as disability compensation and pension claims.

Most disability advocates for veterans are paid on an hourly basis. They only receive compensation when they win their client's appeal, and they receive back pay from VA. The amount of backpay that is given can be different however it could be as high as 20 percent of the claimant's past-due benefits.

In rare cases an attorney or agent might decide to charge on an the basis of an hourly rate. This is rare for two reasons. First, these cases are often time consuming and texarkana veterans disability lawyer can last for months or even years. Second, many veterans and their families can't afford to pay an hourly rate.