Veterans Disability Litigation

Ken assists veterans in navigating the system to help them get the disability benefits they deserve. 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 denial of their disability claims.

What is what is VA disability?

The amount of monetary compensation per month paid to veterans with service-related disabilities is determined on their disability rating. This rating is based upon the severity of the illness or injury and can be as low as 0% and up to 100% in 10% increments (e.g., 20%, 30% etc). The compensation is tax-free, and provides a minimum income for disabled veterans and their 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 the basic disability compensation.

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

Code of Federal Regulations lists numerous conditions that qualify a veteran to receive disability compensation. However, certain conditions require an expert's advice. An experienced veteran attorney can assist a client obtain this opinion and provide the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits that 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 established in 1996 by a disabled veteran who after securing his own representation at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.

How do I claim a benefit?

Veterans must first find the medical evidence supporting their impairment. This includes X-rays and doctor's reports as well as any other documentation related to the condition of the veteran. It is essential to submit these documents to the VA. If a veteran doesn't have these documents then the VA must be informed by the claimant (or their VSO).

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

The VA will schedule your medical exam when all information has been received. The VA will schedule an exam in accordance with the number of disabilities and en.easypanme.com the type of disability you're claiming. Don't miss this exam because it could delay the process of submitting your claim.

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

A lawyer can help in this situation. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a an enormous benefit to those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be frustrating. Thankfully that the VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. You don't have to include all of the reasons but you should include all the points you disagree with.

It's also important to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. Most of the time there are gaps or incomplete records. In certain cases this could result in an error in the rating decision.

When you file your NOD, you must choose whether you want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll be more likely to have success with the DRO review DRO review than with the BVA.

You can request a personal hearing with a senior rating expert via a DRO review. The DRO will conduct an examination of your claim on a "de de novo" basis, which means that they will not give deference to the previous decision. This typically results in a new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and it can take up to three years to reach an update on the decision.

How much can an attorney charge?

A lawyer may charge a fee to help appeal an VA decision on the basis of disability. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans can find accredited representatives via the VA's searchable database that lists accredited attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad range of matters including pension claims, disability compensation and huenhue.net claims.

Most disability advocates for veterans are paid on an hourly basis. This means that they will only be paid if they are successful in winning the client's appeal and receive back payment from the VA. The amount of backpay that is given can be different, but it can be as high as 20 percent of a claimant's past due benefits.

In rare instances, an agent or attorney may decide to charge on an the basis of an hourly rate. This is not common for two reasons. These matters could take months or even years to be resolved. Second, most veterans and their families can't afford to pay for these services on an hourly basis.