Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in getting the disability compensation they are entitled to. He also represents his clients at 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 discriminating against their disability claims.

What is a VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans who have disabilities that are related to service. The rating is based on the severity of the injury or illness and can range from 0% to 100% in 10% increments (e.g., 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.

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

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

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, a few of these conditions require an expert's advice. A veteran lawyer with experience can assist a customer in obtaining this opinion and provide the evidence required to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the complexities of VA rules and regulations. Our firm was created by a disabled veteran who made fighting for veterans rights a priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I submit a claim?

The first step is to find the medical evidence that supports their condition. This includes Xrays, doctor's reports or other documentation related to their condition. It is important to provide these records to VA. If a veteran doesn't 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 intent to file. This is a form that allows the VA to review your claim before you have all the information and medical records that you require. The form also keeps the date you can start receiving your compensation benefits in the event you win your case.

When all the data is provided when all the information is in, the VA will schedule an examination for you. This will be dependent on the amount and type of disabilities you are claiming. Attend this exam as missing it could delay the processing of your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can help in this situation. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for Madisonville Veterans Disability Attorney can be frustrating. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disparage, Vimeo you must tell the VA the reasons you don't agree with their decision. It is not necessary to list every reason, but you must list all the points you don't agree with.

It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. There are often documents that are not complete or have been deleted. In some instances this could lead to an error in the rating decision.

When you submit your NOD you must decide whether you want to have your case reviewed by a Decision Review Officer or by the Board of pasadena veterans disability lawsuit Appeals. Generally speaking, you'll be more likely to have success when you opt for a DRO review than with the BVA.

With the DRO review, you can request an individual hearing with an experienced senior rating specialist. The DRO will review your claim "de novo", meaning that they will not be influenced by the previous decision. This typically results in a completely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest appeals process and can take approximately three years to get an appeal to be heard.

How much does an attorney charge?

A lawyer can charge a fee to assist you appeal an VA disability decision. The law as it stands today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be directly derived from any lump-sum payments you get from the VA.

Veterans may be able to locate accredited representatives using the VA's searchable database for certified attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors in a range of issues including pension and disability compensation claims.

Most veterans' disability advocates work on a contingency basis. This means that they only get paid if they win the appeal of the client and get back payment from the VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's past-due benefit.

In rare cases, an agent or palmhurst Veterans disability Attorney attorney might decide to charge on an an hourly basis. This is uncommon due to two reasons. These matters can take months or years to resolve. In addition, many veterans and their families cannot afford to pay an hourly rate.