Veterans Disability Litigation

Ken helps veterans 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 Veterans Affairs discriminated for decades against Black veterans by denial of their disability claims.

What is a VA disability?

The amount of monthly monetary compensation that Pinckneyville Veterans Disability Attorney receive for service-related disabilities is determined on their disability rating. The rating is based on the severity of the illness or injury and can vary from 0% to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his family.

VA offers additional compensation through other programs, such as individual unemployment allowances for clothing, hospitalization and prestabilization, allowances for automobiles, and gurye.multiiq.com 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 extra credits to increase their disability or retirement benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. However, certain circumstances require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and provide the proof needed to support the claim for disability benefits.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to helping our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans disability lawyer' rights a priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first locate the medical evidence of their impairment. This could include X-rays, doctor's reports, as as any other documentation related to the condition of the veteran. It is vital to provide these records to VA. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intention to file. This form lets the VA examine your claim even before you have the needed information and medical records. The form also keeps the effective date of your compensation benefits in the event you win your case.

The VA will schedule your appointment after all the required information has been received. This will be dependent on the type and number of disability you claim. Make sure you take this exam, as If you don't the exam could delay your claim.

The VA will send you a decision-making package once the examinations have been completed. If the VA rejects the claim, you'll have a year to request a higher-level review.

At this point, a lawyer can help you. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is an enormous benefit to those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. Fortunately, the VA has an appeals process for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice Of Disagreement, you must explain to the VA why you are not happy with their decision. It is not necessary to list all of the reasons, but you should mention everything that you disagree on.

It's also important 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.

After you have submitted your NOD, fpcom.co.kr you 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 greater chance of success when the DRO examines your case rather than if it's reviewed by the BVA.

In the event of an DRO review, you have the option of requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct the review of your claim on a "de de novo" basis, which means that they will not give deference to the previous decision. This usually results in a completely new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the longest taking appeals route and typically takes anywhere from one to three years to obtain a new decision.

What is the average cost a lawyer can charge?

A lawyer can charge a fee to help appeal the VA decision on an appeal for disability. The law as it stands today does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee has to be dependent on the lawyer winning your case or getting your benefits increased through an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans can search the VA's database of attorneys who are accredited or claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of matters including pension and disability compensation claims.

Most disability advocates for veterans are paid on a contingent basis. This means that they only get paid if they win the appeal of the client and receive back pay from the VA. The amount of back pay that is granted varies, but could be as high as 20 percent of the claimant's total benefit.

In rare instances, an agent or lawyer could decide to charge an hourly fee. This is not common due to two reasons. First, these situations tend to be time-consuming and can drag on for months or even years. The second reason is that many veterans disability lawyer and their families are unable to afford an hourly rate.