valley city veterans disability attorney Disability Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. Ken also represents his clients at 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 milford veterans disability lawsuit by discriminating against their disability claims.

What is a VA Disability?

The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is based on their disability rating. The rating is determined by the severity of the illness or injury and can vary from 0% to 100 percent in increments of 10% (e.g., 20%, 30% etc). The amount is devoid of tax and provides a basic source of income to the disabled veteran and his family.

VA provides additional compensation through other programs, for example 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 use to increase their earnings over time to be eligible for disability or retirement benefits. These additional credits are referred to as "credit for service."

A majority of the conditions that qualify a veteran for disability compensation are described in the Code of Federal Regulations. Certain of these conditions however require the opinion of an expert. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the evidence required to support an application for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they deserve. We have handled thousands disability cases and are familiar with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled vet who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I make a claim?

Veterans must first gather the medical evidence of their disability. This could include X-rays, doctor's reports as well any other documentation pertaining to the veteran's condition. Making these records available to the VA is essential. If a veteran does not have these documents and the VA must be informed by the applicant (or their VSO).

The next step is a filing of an intention to file. This form permits the VA to review your claim before you have all the information and medical records you need. It also ensures that you have an date of eligibility for compensation benefits in the event that you win your case.

Once all the information is provided When all the information is submitted, the VA will schedule an examination for you. It will depend on the amount and type of disability you claim. Make sure you take this exam, as If you don't the exam could delay your claim.

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

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

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your notice of disagreement, you have to tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you must state all the issues that you don't agree with.

It's also crucial to request your C-file (claims file) so you can see the evidence the VA used in making their decision. Often times there are no or incomplete records. This can lead to a mistake in the rating.

If you file your NOD, the applicant will be asked to choose whether you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you will have a higher chance of success with the DRO review DRO review than with the BVA.

You can request a personal hearing with an expert in senior rating through the process of a DRO review. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, Vimeo meaning they don't give deference the previous decision. This typically results in a new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the most lengthy appeals process, and it could take approximately three years to get an appeal to be heard.

How much can an attorney charge?

Lawyers may charge a fee for helping you appeal an VA disability decision. The law as it stands today does not allow 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 via an appeal. Typically, these fees will be paid out of any lump-sum payment you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database of certified attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors on a range of issues including disability compensation and pension claims.

Most disability advocates for veterans are paid on the basis of a contingent. They only receive compensation when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay that is awarded can vary but it could be as high as 20 percent of the claimant's past due benefits.

In rare cases lawyers or agents may choose to charge an hourly rate. However, this is uncommon for two reasons. First, these issues are usually time-consuming and can go on for months or even years. Second, many veterans and their families cannot afford to pay an hourly rate.