Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they are entitled to. He is also a lawyer for 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, disproportionately refusing their disability claims.

What is what is VA Disability?

The amount of monthly monetary compensation that veterans receive for disabilities resulting from service is based on their disability rating. This rating is based upon the severity of the illness or injury and can range from 0% to 100% in 10% increments (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides a basic income for the disabled veteran and their family.

The VA also has other programs that provide additional compensation like 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 veterans special credits that they can use to boost their earnings over time to qualify for retirement or disability benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists a variety of conditions that can qualify a veteran for disability compensation. However, a few of these conditions require an expert's opinion. A seasoned lawyer with experience can assist clients in obtaining this opinion and provide the proof needed to prove the claim for disability benefits.

Sullivan & Kehoe has extensive experience in representing Jacksonville Veterans Disability Lawsuit in disability claims and appeals. We are committed to helping our clients receive the benefits they're entitled to. We have handled a variety of disability cases and are conversant with the complexities of VA rules and regulations. Our firm was founded by a disabled veteran who made fighting for veterans' rights a key part of his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

First, veterans need to locate the medical evidence for their disability. This includes X-rays and doctor's reports, or other documents regarding their health. Making these records available to the VA is very important. If a veteran does not have these documents then the VA must be informed by the applicant (or their VSO).

The next step is a filing of an intention to file. This is a form that permits the VA to review your claim, even before you have all the medical records required. It also keeps your date of eligibility for compensation benefits when you win your case.

The VA will schedule your appointment when all details have been received. This will depend on the type and number of disability you claim. In the event that you do not attend this exam, vimeo it could delay the process of your claim.

After the examinations have been completed, the VA will review the evidence and xilubbs.xclub.tw send you a decision package. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.

A lawyer can help at this point. Accredited lawyers from VA can be involved in the appeals from the beginning which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a very frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your notice of disagreement, you must tell the VA the reason you don't like their decision. You don't need to list every reason however, you must mention everything you disagree with.

It's also crucial to request your C-file (claims file) to see the evidence the VA used to make their decision. Most of the time, there are missing or insufficient records. This can result in an error in the rating.

When you file your NOD, you'll be asked if you want your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success when the DRO examines your case than when it's reviewed by BVA.

You can request a personal hearing with a senior rating expert via an DRO review. The DRO will conduct a review of your claim on a "de novo" basis, which means they don't give deference the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to request that the BVA in Washington review your claim. This is the longest appeals process, and it could take approximately three years to get a new decision.

What is the average cost a lawyer can charge?

Lawyers can charge a fee if appeal the VA decision regarding a disability claim. However, current law prevents lawyers from charging for assistance when submitting a claim. This is because the fee is contingent upon the lawyer winning your case or receiving your benefits increased as a result of an appeal. Typically the fees are paid out of any lump-sum payments you get from the VA.

Veterans are able to search the database of attorneys who are accredited or claim agents to find accredited representatives. They have been vetted by the Department of willowick veterans disability attorney Affairs to represent service members, veterans or their dependents in a range of issues including disability compensation and pension claims.

The majority of veterans' disability advocates are paid on a contingent basis. This means that they are only paid if they are successful in winning the appeal of the client and receive back payments from the VA. The amount of backpay that is paid can vary, but it can 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 an hourly basis. But, this isn't common for two reasons. First, these issues are often time consuming and can go on for months or even years. Additionally, many veterans and their families are unable to afford an hourly rate.