Veterans Disability Litigation

Ken counsels military veterans to assist them in obtaining the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

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

What is what is VA disability?

The disability rating determines the amount of monthly compensation that is paid to goodlettsville veterans disability lawyer who have disabilities that are related to service. This rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their families.

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 the regular disability compensation.

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

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

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

How do I make a claim?

veterans disability lawsuit must first locate the medical evidence of their disability. This includes X-rays, doctor's reports or other documentation regarding their medical condition. It is crucial to provide these documents to the VA. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).

The next step is to file an intent to file. This is a form that permits the VA to review your claim, even before you have all the medical records that you require. This form also protects the date on which you will receive your compensation benefits if you win your case.

When all the data is in when all the information is in, the VA will schedule an exam for you. The VA will schedule an exam according to the number of disabilities and the type you are claiming. Don't miss this exam because it could delay the process of submitting your claim.

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

A lawyer can help you in this situation. VA-accredited lawyers can now be involved in appeals from the start, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be a source of frustration. The VA provides an appeals procedure to appeal these decisions. The first step is to send the Notice of Disagreement to the VA regional office that sent you the Rating decision. In your Notice Of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't have to list every reason, but you should be clear about the issues you don't agree with.

You should also request your C-file, or claims file, to see the evidence that the VA used to arrive at their decision. Most of the time there are no or incomplete records. In some instances, this can lead to an error in the rating decision.

When you file your NOD you will need to decide if you want to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

With an DRO review, you can request an individual hearing before an experienced senior rating specialist. The DRO will conduct an investigation of your claim on an "de de novo" basis, which means that they don't give deference the previous decision. This usually results in the issue of a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most time taking appeals route and typically takes one to three years to get a new decision.

How much does an attorney charge?

A lawyer can charge a fee to assist appeal a VA decision regarding a disability claim. The law as it stands today does not permit lawyers to charge fees for assistance with a claim in the beginning. This is because the fee must be contingent on the lawyer winning your case, or having your benefits increased through an appeal. Typically the fees are paid directly out of any lump-sum payments you receive from the VA.

Veterans can search the VA's database of accredited attorneys or claim agents to find accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad variety of cases including disability compensation claims and pension claims.

Most veterans' disability advocates work on a contingency basis. They only get paid when they succeed in winning their client's appeal and they are also paid back from VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's total past-due benefit award.

In rare instances an attorney or agent may decide to charge an the basis of an hourly rate. This is rare for two reasons. These matters could take months or even years to resolve. Additionally, many veterans and their families cannot afford an hourly fee.