Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims, according to 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 determined by the severity of the injury or illness and can range from 0% to 100% in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides a basic income for the disabled veteran and their families.

VA offers additional compensation through other programs, including individual unemployment, clothing allowances as well as prestabilization and hospitalization allowances for automobiles, and 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 special credits to increase their retirement or disability benefits. These extra credits are referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. Certain of these conditions, however require the opinion of an expert. An experienced veteran attorney can assist a client obtain this opinion, and supply the evidence required to prove the claim of disability compensation.

Sullivan & Kehoe is experienced in representing perrysburg veterans disability attorney with disabilities claims and appeals. We are committed to helping our clients get the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled veteran who after securing his own representation at a Board of Veterans Appeals Hearing, made veterans' rights a priority for his practice.

How do I make a claim?

Veterans need to first collect the medical evidence supporting their disability. This includes Xrays, doctor's reports or other documentation that relate to their health. It is crucial to provide these records to VA. If a veteran doesn't have these documents, they must 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 allows the VA to review your claim before you have all the information and medical records that you require. It also protects your effective date for receiving compensation if you win your case.

The VA will schedule your examination when all information is received. This will be dependent on the quantity and type of disabilities you are claiming. Attend this exam as missing it could delay the processing of your claim.

Once the examinations are complete Once the examinations are complete, the VA will examine the evidence and give you a decision packet. If the VA denies the claim, you will have one year to request a higher-level review.

At this point, a lawyer can help you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is hugely beneficial to people seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans can be extremely frustrating. The VA provides an appeals procedure for jejucordelia.com these decisions. The first step is to submit the Notice of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement you should state to the VA why you were dissatisfied with their decision. It is not necessary to list every reason, but you must list all the points you disagree with.

You must also request your C-file or claims file so that you can determine what evidence the VA used to reach their decision. There are often incomplete or missing data. This can sometimes lead to an error in the rating.

When you file your NOD, you must decide whether you would like your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO reviews your case, compared to if it's viewed by the BVA.

You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will conduct the review of your claim on the basis of a "de novo" basis, meaning they do not give deference to the previous decision. This usually results in the issue of a new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the longest appeals process and it can take up to three years before you receive an appeal to be heard.

How much can an attorney charge?

A lawyer could charge a fee for assisting you appeal an VA disability decision. But, current law prohibits lawyers from charging for assistance in the case. The fee is only payable if the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

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

The majority of veterans' disability advocates are paid on a contingent basis. This means that they will only be paid if they win the client's appeal and receive back pay from the VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's past-due benefit.

In rare cases, an agent or attorney may choose to charge on the hourly basis. This is not common due to two reasons. First, these matters are often time consuming and can take months or even years. The second reason is that most veterans and their families can't afford to pay on an hourly basis.