Veterans Disability Litigation

Ken counsels veterans of the military to help them obtain the disability compensation they are entitled to. He also represents his clients at VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School sparks veterans disability lawsuit Legal Services Clinic this week The Department of Veterans Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.

What is an VA disability?

The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. This rating is based upon the severity of an injury or illness and huenhue.net can range from 0% and 100% in increments of 10% (e.g. 20% 30, 0522445518.ussoft.kr 30%, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their family.

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

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

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. Some of these conditions, however require an expert's advice. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence needed to prove a claim for disability compensation.

Sullivan & Kehoe has extensive experience 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 with the complexities of VA rules and regulations. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself at an appeals hearing before the Board of Veterans Appeals Hearing, Vimeo.Com made veterans' rights a priority for his practice.

How do I make a claim?

Veterans must first find the medical evidence of their disability. This includes Xrays or doctor's reports as well in any other documentation related 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 given to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This form allows the VA to review your claim before you have the necessary information and medical records. It also preserves your effective date for receiving compensation if you win your case.

The VA will schedule your exam after all the information has been received. This will depend on the quantity and type of disabilities you are claiming. If you fail to attend this test, it could delay the process of your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can help you at this point. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit an Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice Of Disagreement, you must explain to the VA why you disagreed with their decision. It is not necessary to list every reason but you should include everything that you disagree on.

You must also request a C-file, or claims file, to determine what evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. This can sometimes lead to an error in the rating.

When you submit your NOD you will need to decide if you want to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success if the DRO examines your case than when it's reviewed by BVA.

With the DRO review you can request an individual hearing with an experienced senior rating specialist. The DRO will examine your claim "de novo" which means they will not accept the previous decision. This usually will result in a brand new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the time lengthy appeals procedure and typically takes one to three years to get an updated decision.

How much does a lawyer charge?

A lawyer can charge a fee to assist you appeal the VA decision on an appeal for disability. The current law does not permit lawyers to charge for initial assistance in a claim. This is because the fee must be dependent on the lawyer prevailing in your case or receiving your benefits increased as a result of an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database that lists accredited attorneys or claims representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad range of matters, including pension and disability compensation claims.

Most disability advocates for veterans are paid on an hourly basis. They only get paid when they are successful in defending their client's case, and they receive back pay from VA. The amount of backpay that is awarded can vary but it could be as high as 20 percent of a claimant's past-due benefits.

In rare instances attorneys or agents may choose to charge on the hourly basis. However, this is not the norm due to two reasons. First, these situations tend to be time-consuming and can take months or even years. In addition, the majority of veterans and their families are unable to afford to pay for these services on an hourly basis.