fort smith veterans Disability law firm Disability Litigation

Ken assists veterans to get the disability benefits they deserve. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims in 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 veterans with disabilities that are related to service. The rating is based on the severity of an illness or injury and can vary between 0% and 100% in increments of 10% (e.g. 20% 30%, 20%, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their family.

VA offers additional compensation through other programs, like individual unemployment allowances for clothing prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

In addition to these benefit programs, the Social Security Administration gives military veterans special credits to boost their earnings over the course of their lives for retirement or disability benefits. These additional credits are known as "credit for service."

Code of Federal Regulations lists several conditions that qualify a veteran to receive disability compensation. However, a few of these conditions require an expert's advice. A seasoned veteran attorney can assist a client in obtaining 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 committed to helping our clients receive the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled vet who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.

How do I submit a claim?

The first step is to locate the medical evidence for their disability. This could include X-rays, doctor's reports as well in any other documentation related to the veteran's condition. It is important to provide these records to VA. If a veteran does not have these documents, firms they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. It also protects your effective date for compensation benefits when you win your case.

If all the required information is in after all the information has been received, the VA will schedule an examination for you. This will be dependent on the amount and type of disabilities you are claiming. Make sure you attend this exam, as in the event you fail to take it and fail to take it, it could hinder your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA denies the claim, you will have one year to request a higher-level review.

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

How do I appeal a denial?

Denial of veterans' disability benefits is a frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office who sent you the Rating decision. In your Notice Of Disagreement you should state to the VA why you are not happy with their decision. You don't need 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 what evidence the VA used to make their decision. Sometimes there are missing or insufficient records. In some cases it could lead to an error in the rating decision.

If you submit your NOD you must decide whether you would like to have your case considered by a Decision Review Officer or by the Board of lebanon veterans disability law firm Appeals. In general you'll have more of a chance of success if the DRO reviews your case than when it's reviewed by the BVA.

You can request a private hearing with a senior rating expert through the process of a DRO review. The DRO will conduct a review of your claim on an "de novo" basis, which means that they will not give deference to the previous decision. This usually will result in a brand new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process and it can take up to three years to reach an update on the decision.

How much does a lawyer charge?

A lawyer can charge a fee to help you appeal an VA disability decision. However, the law currently prohibits lawyers from charging fees for assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans may locate accredited representatives using the VA's searchable database for accredited attorneys or claims representatives. These representatives are accredited by the Department of Veterans Affairs and can represent naperville veterans disability lawyer, service members or dependents in a broad range of issues including disability compensation claims and pension claims.

Most disability advocates for veterans are paid on an ad-hoc basis. This means that they only get paid if they prevail in the appeal of the client and get back payment from the VA. The amount of backpay that is awarded can vary but can be as high as 20 percent of a claimant's past due benefits.

In rare instances attorneys or agents might decide to charge on an the basis of an hourly rate. This isn't often the case due to two reasons. These issues can take a long time to resolve. Additionally, many veterans and their families cannot afford to pay on an hourly basis.