klamath falls veterans disability lawyer Disability Litigation

Ken advises veterans of the military to assist them in getting 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 decades, generally denying their disability claims according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The amount of monthly monetary compensation paid to oak Brook Veterans disability Law firm with disabilities resulting from service is based on their disability rating. The rating is determined by the severity of the injury or illness and can range from 0% to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their family.

The VA also has other programs that provide additional compensation like the individual unemployed, the automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

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

Many of the conditions that qualify disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. Certain of these conditions, Oak Brook Veterans Disability Law Firm however require an expert's opinion. An experienced lawyer can assist a client obtain this opinion, and supply the evidence required to prove a claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the intricacies of VA regulations and laws. Our firm was started by a disabled vet who made fighting for veterans rights a key part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

The first step is to locate the medical evidence to prove their condition. This includes Xrays or doctor's reports, as as any other documentation related to the veteran's condition. Giving these records to VA is crucial. If a veteran doesn't have these documents, the VA must be informed by the applicant (or their VSO).

The next step is a filing of an intention to file. This form permits the VA to begin reviewing your claim before you have all the information and medical records required. It also ensures that you have an effective date for compensation benefits when you win your case.

When all the data is in when all the information is in, the VA will arrange an examination for you. The VA will set the date for the examination based on the number of disabilities as well as the type you claim. In the event that you do not attend this exam, it could delay the process of your claim.

Once the examinations are complete Once the examinations are complete, the VA will examine the evidence and give you a confirmation packet. If the VA rejects the claim, you have a year to request a more extensive review.

At this moment, a lawyer could help you. Accredited lawyers from VA can be involved in appeals from the start, which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a difficult 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 that sent you the decision on Rating. In your Notice of Disagreement, you must inform the VA the reasons you don't agree with their decision. You don't need to list every reason, but you should mention all the aspects you disagree with.

It's also crucial to request your C-file (claims file) to see the evidence the VA used in making their decision. There are often incomplete or missing records. This can sometimes lead to an error in the rating.

If you submit your NOD you must choose whether you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will be more likely to have success when you opt for the DRO review DRO review than with the BVA.

If you are subject to a DRO review, you can request an individual hearing with an experienced senior rating specialist. The DRO will conduct the review of your claim on the basis of a "de de novo" basis, meaning they will not give any deference to the previous decision. This usually results in a new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process, and it could take up to three years to reach an update on the decision.

What is the cost an attorney could charge?

A lawyer can charge a fee for assisting you appeal a VA disability decision. The law in place today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees are paid directly out of any lump-sum payment you receive from the VA.

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

Most disability advocates for veterans are paid on a contingent basis. They only receive compensation when they win their client's appeal, and they are also paid back from VA. The amount of backpay that is granted can differ but it could be as high as 20 percent of the claimant's past due benefits.

In rare cases, an agent or lawyer may choose to charge an hourly fee. This is rare for two reasons. These issues can take months or even years to be resolved. The second reason is that many veterans and their families cannot afford to pay an hourly rate.