Delafield Veterans Disability Attorney Disability Litigation

Ken assists veterans to obtain the disability benefits they are entitled to. He assists 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 stanton veterans disability law firm 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 compensation per month paid to veterans who have service-related disabilities. The rating is determined by the severity of the injury or illness and can vary from 0% to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free and provides basic income for the disabled veteran and their families.

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

The Social Security Administration also gives rockdale veterans disability law firm special credit that they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are known as "credit for service."

A majority of the conditions that allow veterans for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions, however require an expert's advice. An experienced lawyer can assist a client obtain this opinion, and supply the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.

How do I submit a claim?

Veterans must first find the medical evidence to prove their impairment. This includes any X-rays, doctor's reports, or other documents that relate to their condition. It is important to provide these records to VA. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intent to file. This form lets the VA review your claim even before you have all the required information and medical records. This form also preserves the date of effective compensation benefits if you have a successful case.

The VA will schedule your examination once all of the information is received. It will depend on the quantity and type of disabilities you are claiming. Make sure you attend this exam, as if you miss it this could affect your claim.

After the examinations have been completed after which after the examinations are completed, VA will examine the evidence and then send you a confirmation packet. 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 at this point. Lawyers who are accredited by VA can now be involved in the appeals from the beginning which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans is a frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA why you were dissatisfied with their decision. You don't need to list every reason, but you should list all the points you don't agree with.

You should also request your C file or claims file to see what evidence the VA used to make their decision. There are usually insufficient or missing records. This can result in a mistake in the rating.

When you file your NOD, the applicant will be asked to decide if you would like your case reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success when the DRO reviews your case than if it's reviewed by the BVA.

You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will examine your claim "de novo" which means that they will not be influenced by the previous decision. This usually results in an entirely new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the longest demanding appeals process and usually can take between one and three years to obtain a new decision.

What is the average cost a lawyer can charge?

A lawyer can charge a fee for helping you appeal an VA disability decision. But, current law prohibits lawyers from charging fees to assist when submitting a claim. The fee is only due if the lawyer is successful in your case or increases your benefits via an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans can use the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a vast spectrum of cases such as pension claims and disability compensation claims.

Most veterans' disability advocates work on a contingency. They only receive compensation when they succeed in winning their client's appeal and they receive back pay from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total past-due benefit amount.

In rare cases an attorney or agent might decide to charge an hourly rate. However, this is not the norm for two reasons. These matters can take months or years to resolve. Additionally, many veterans and their families can't afford to pay on an hourly basis.