Veterans Disability Litigation

Ken assists oak grove veterans Disability Lawsuit to get the disability benefits they are entitled to. Ken also represents clients in 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 by discriminating against their disability claims.

What is what is VA disability?

The disability rating determines the amount of monthly payments to veterans who have disabilities that are related to service. This rating is determined by the severity of the injury or illness and can range from zero and 100% in increments of 10% (e.g. 20 percent, 30 percent, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their family.

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

In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credit to boost their lifetime earnings for retirement or disability benefits. These credits are referred to as "credit for service."

A majority of the conditions that make an individual for disability compensation are described in the Code of Federal Regulations. However, certain conditions require an expert's advice. An experienced veteran lawyer can assist a client to obtain this opinion and present the evidence required to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing disabled marengo veterans disability lawyer claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they are entitled to. We have handled a variety of disability cases and are conversant with the complexities of VA laws and procedures. Our firm was established by a disabled veteran who made fighting for veterans' rights a top priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I make a claim?

First, star veterans disability law firm need to find the medical evidence to prove their condition. This includes Xrays, doctor's reports or any other documentation related to their health. It is crucial to provide these records to VA. If a veteran does not have these documents, they should be given 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 permits the VA to begin reviewing your claim, even before you have all the medical records you require. It also preserves your date of effective for benefits should you prevail in your case.

Once all the information is in after all the information has been received, the VA will schedule an exam for you. The VA will schedule the exam in accordance with the severity of your disability and the type you are claiming. Be sure to take this test, because If you don't, it could delay your claim.

The VA will send you a decision document after the examinations are completed. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.

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

How do I appeal a denial?

The denial of veterans' disability benefits can be a source of frustration. The VA provides an appeals procedure for [Redirect-Java] these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA the reason you don't like their decision. You don't have to give every reason, but you should list all the points you disagree with.

It is also essential to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. In many cases there are missing or insufficient records. In some cases this could lead to an error in the rating decision.

When you submit your NOD, the applicant will 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 better chance of success if the DRO reviews your case, compared to 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 an investigation of your claim on an "de novo" basis, meaning they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the most time consuming appeals path and typically takes anywhere from one to three years to receive a new decision.

How much will a lawyer charge?

A lawyer may charge a fee for helping you appeal a VA disability decision. The law as it stands today does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only due in the event that the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans are able to search the database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or their dependents in a wide variety of cases such as pension claims, disability compensation and claims.

Most disability advocates for veterans are paid on the basis of a contingent. This means that they are only paid if they win the appeal of the client and receive back payments from the VA. The amount of backpay that is given can be different but it could be as high as 20 percent of a claimant's past due benefits.

In rare instances, an agent or lawyer might choose to charge an hourly rate. However, this is not the norm for two reasons. These issues can take months or years to be resolved. Additionally, many veterans and their families don't afford to pay an hourly fee.