Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability compensation they deserve. He also represents his 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 denial of their disability claims.

What is an VA Disability?

The disability rating determines the amount of monthly compensation that is paid to oberlin veterans disability attorney who have service-related disabilities. The rating is based on the severity of an illness or injury and may range between zero and 100% in increments of 10% (e.g. 20% 30 percent, 30%, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their families.

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

The Social Security Administration also gives veterans special credit that they can utilize to increase their earnings over time to qualify for retirement or disability benefits. These additional credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. However, some of these conditions require an expert's advice. A seasoned veteran attorney can assist a customer in obtaining an opinion, and also provide the evidence required to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing Deltona veterans disability lawyer in disability claims and appeals. We are dedicated to helping our clients get the disability benefits that they are entitled to. We have handled thousands of disability cases and are knowledgeable in the complexity of VA law and procedure. Our firm was started by a disabled vet 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 make a claim?

Veterans must first gather the medical evidence that proves their disability. This includes X-rays or doctor's reports as well any other documentation pertaining to the condition of the veteran. Giving these records to VA is essential. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).

The next step is a filing of an intent to file. This is a form that allows the VA to review your claim even before you have all the medical records you need. It also keeps your effective date for receiving compensation 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. This will be dependent on the quantity and type of disability you claim. Make sure you take the exam, since If you don't the exam could delay your claim.

After the examinations are completed, after the examinations are completed, VA will review the evidence and send you a decision-making packet. If the VA decides to deny the claim, you have a year to request a more extensive review.

At this stage, a lawyer is able to assist you. Attorneys accredited by VA can be involved in the appeals process right from the beginning, Ballston spa veterans disability lawsuit which is a an enormous benefit to those who seek disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans is a frustrating experience. The VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA why you disagreed with their decision. It is not necessary to list all the reasons, but you should mention all the points you disagree with.

You should also request your C file, or claims file, to see what evidence the VA used to arrive at their decision. There are often incomplete or missing data. This could lead to an error in the rating.

If you submit your NOD you must choose whether you would like to have 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 than if it's reviewed by the BVA.

You can request a personal hearing with a senior rating expert via a DRO review. The DRO will examine your claim "de novo" which means that they will not defer to the previous decision. This typically results in a new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the time lengthy appeals procedure and typically can take between one and three years for North Kansas City Veterans Disability Law Firm an updated decision.

How much will a lawyer charge?

Lawyers may charge a fee to assist you appeal an VA disability decision. The law in place today does not permit lawyers to charge for initial assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans are able to search the database of accredited attorneys or claim agents to locate accredited representatives. They have been vetted by the Department of Veterans Affairs to represent service members, negaunee veterans disability lawyer, dependents, or survivors on a range of issues including pension and disability compensation claims.

Most veterans' disability advocates work on a contingency. They only receive compensation when they are successful in defending their client's case, and they receive back pay from VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's past-due benefit.

In rare cases an attorney or agent may decide to charge on an the hourly basis. This is not common due to two reasons. First, these situations tend to be time-consuming and can go on for months or even years. Second, most veterans and their families cannot afford to pay for these services on an hourly basis.