Veterans Disability Litigation

Ken counsels veterans of the military to help them obtain the disability benefits they deserve. He also represents 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 an VA Disability?

The amount of monetary compensation per month paid to veterans disability law firm with service connected disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their family.

VA provides additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization, car allowances, and hospitalization allowances. These are in addition to the regular disability compensation.

In addition to these benefit programs, in addition, the Social Security Administration gives military veterans extra credits to increase their retirement or disability benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. However, a few of these conditions require an expert opinion. A veteran lawyer with experience can assist a client in obtaining this opinion, and supply the evidence required to prove a claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to ensuring that our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are well-versed 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 successfully representing himself in a Board of Veterans Appeals hearing.

How do I claim a benefit?

First, andalusia veterans disability law firm must locate the medical evidence to prove their impairment. This includes X-rays and andalusia Veterans disability law Firm doctor's notes, as well with any other documentation that is related to the veteran's condition. Giving these records to VA is essential. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intention to file. This form allows the VA review your claim even before you have the necessary information and medical records. It also protects your effective date for receiving compensation in the event that you win your case.

The VA will schedule your examination once all of the information is received. The VA will schedule an examination based on the amount of disabilities you have and the type of disability you're claiming. Make sure you attend the exam, since if you miss it and fail to take it, it could hinder your claim.

The VA will provide you with a decision package once the examinations have been completed. If the VA refuses to accept the claim you will have one year to request a higher level review.

A lawyer can help at this point. Lawyers who are accredited by VA can now be involved in the appeals from the beginning which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a very frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to send a Notice Of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice Of Disagreement, you must explain to the VA why you were dissatisfied with their decision. It is not necessary to list every reason, but you must state all the issues that you don't agree with.

It's also important to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. In many cases, there are missing or incomplete records. In some cases this could lead to an error in the rating decision.

When you file your NOD, you will need to decide if you would like your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success when the DRO reviews your case than when it's reviewed by BVA.

You can request a private hearing with a senior rating expert via a DRO review. The DRO will examine your claim "de de novo" this means they will not defer to the previous decision. This typically results in an entirely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the most time demanding appeals process and usually takes between one and three years to receive a new decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee for helping you appeal an VA disability decision. However, current law prohibits lawyers from charging fees for assistance with a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits via an appeal. Typically the fees are paid out of any lump-sum payments you get from the VA.

Veterans may be able to identify accredited representatives by using the VA's searchable database of certified attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or their dependents in a wide range of matters such as pension claims and disability compensation claims.

The majority of veterans' disability advocates are paid on an ad-hoc basis. This means that they only get paid if they win the appeal of the client and get back payments from the VA. The amount of backpay paid can vary but it could be as high as 20 percent of a claimant's past due benefits.

In rare cases attorneys or agents may decide to charge on an per hour basis. This is rare for two reasons. These matters can take months or even years to resolve. Additionally, many indianapolis veterans disability lawyer and their families cannot afford to pay for these services on an hourly basis.