Veterans Disability Litigation

Ken assists veterans to get the disability benefits 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 Veterans Legal Services Clinic this week, the Department of dardenne prairie veterans disability lawsuit Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.

What is an VA disability?

The amount of monthly monetary compensation given to veterans with service-related disabilities is determined on their disability rating. This rating is based on the severity of the illness or injury and can vary from 0% to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation such as individual unemployment, auto allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the regular disability compensation.

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

Code of Federal Regulations lists a variety of conditions that make a veteran eligible for disability compensation. Some 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 present the evidence required to prove an application for disability compensation.

Sullivan & Kehoe has extensive experience representing mountainside veterans disability lawyer in appeals and claims for disability. We are committed to helping our clients receive the disability benefits they deserve. We have handled a variety of disability cases and we are well-versed with the complexities of VA laws and procedures. Our firm was founded by a disabled veteran who made fighting for veterans' rights a major part of his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first find the medical evidence of their impairment. This includes X-rays and doctor's reports as well as any other documentation related to the condition of the veteran. Giving these records to VA is very important. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to fill out an intent to file. This form allows the VA to review your claim before you have all the information and medical records required. The form also keeps the date on which you will receive your compensation benefits in the event that you are successful in your case.

When all the data is submitted when all the information is in, the VA will schedule an appointment for you. The VA will set the date for the examination based on the amount of disabilities you have and the type of disability you're claiming. Make sure you attend this exam, as If you don't this could affect your claim.

Once the examinations are complete After the examinations are completed, after the examinations are completed, VA will examine the evidence and send you a decision package. If the VA decides to deny the claim, you'll have one year to request a higher level review.

A lawyer can be of assistance at this point. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a very frustrating experience. The VA provides 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 Disparage, you must tell the VA the reasons you don't agree with their decision. You don't have to list all of the reasons however, you must mention everything you disagree with.

You should also request your C-file, or claims file, to see the evidence that the VA used to make their decision. There are usually insufficient or missing records. This can lead to an error in the rating.

When you file your NOD, it 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 more of a chance of success if the DRO reviews your case than when it's reviewed by the BVA.

You can request a private hearing with a senior rating expert through the process of a DRO review. The DRO will conduct an investigation of your claim on a "de motte veterans disability Lawyer de novo" basis, which means that they will not give deference to the previous decision. This typically results in an entirely new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the longest appeals process and can take approximately three years to get a new decision.

What is the average cost a lawyer can charge?

A lawyer may charge a fee to assist appeal the VA decision on a disability claim. The law currently does not allow lawyers to charge for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. Typically these fees are paid directly from the lump-sum payments that you receive from the VA.

Veterans may locate accredited representatives using the VA's searchable database that lists accredited attorneys or claims representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a range of issues such as disability compensation and pension claims.

Most disability advocates for veterans work on a contingency. They only receive compensation when they prevail in their client's appeal and also 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 instances attorneys or agents may decide to charge on an per hour basis. However, this is uncommon due to two reasons. First, these cases can be time-consuming and can drag on for months or even years. In addition, the majority of veterans and their families are unable to afford to pay on an hourly basis.