Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The disability rating determines the amount of monthly payments to veterans who have service-connected disabilities. This rating is based upon the severity of the injury or illness and may range between 0% and 100% in increments of 10% (e.g. 20 percent 30, 30%, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their families.

VA offers additional compensation through other programs, including individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These are in addition to basic disability compensation.

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

Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. Some of these conditions, however, require an expert's opinion. An experienced lawyer can assist a client obtain this opinion, and supply the evidence needed to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled hundreds of disability cases and are knowledgeable in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself at a Board of Veterans Appeals Hearing in 1996, decided to make denton Veterans disability lawsuit' rights the top priority in his practice.

How do I make a claim?

Veterans must first gather the medical evidence that proves their disability. This includes Xrays or doctor's reports, as any other documentation pertaining to the veteran's condition. It is vital to provide these records to VA. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to fill out an intent to file. This is a form that allows the VA to review your claim, even before you have all the information and medical records required. This form also ensures the date on which you will receive your compensation benefits in the event that you win your case.

The VA will schedule your medical exam after all the details have been received. It will depend on the number and type of disabilities you are claiming. In the event that you do not attend this exam, it could delay the processing of your claim.

The VA will send you a decision-making package after the examinations are completed. If the VA rejects the claim, you'll have a year to request a higher-level review.

A lawyer can assist you at this point. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is hugely beneficial to those seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a gruelling experience. Fortunately there is a way to appeal the decision. VA has an appeals process 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 should tell the VA the reasons you don't agree with their decision. You don't have to list all the reasons however, you must mention everything that you disagree on.

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

If you file your NOD, you'll be asked to select whether you want your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success with a DRO review than with the BVA.

In the event of a DRO review you have the option of asking for an individual hearing before a senior rating specialist. The DRO will examine your claim "de novo" which means they will not rely on the previous decision. This typically results in a new Rating Decision. If you prefer, Titusville Veterans Disability Lawsuit you may opt to review your claim with the BVA in Washington. This is the longest appeals process and can take approximately three years to get an appeal to be heard.

How much does a lawyer charge?

A lawyer can charge a fee if you appeal a VA decision regarding an appeal for disability. 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 is successful in your case or increases your benefits by filing an appeal. Typically these fees are paid directly out of any lump-sum payments you get from the VA.

lowell veterans disability lawyer can look through the VA's database of accredited attorneys or claim agents to locate accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, overland park veterans disability lawsuit and their dependents or survivors on a range of issues including pension and disability compensation claims.

Most disability advocates for veterans operate on a contingent basis. This means that they will only be paid if they win the client's appeal and are awarded back payments from the VA. The amount of back pay that is awarded varies, but can be as high as 20 percent of the claimant's total past-due benefit amount.

In rare cases, an agent or attorney may decide to charge an per hour basis. This is rare for two reasons. These matters could take months or even years to resolve. In addition, the majority of veterans and their families cannot afford to pay on an hourly basis.