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Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability benefits they deserve. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School great neck veterans disability attorney Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans by discriminating against their disability claims.

What is an VA Disability?

The amount of monthly monetary compensation provided to veterans suffering from service connected disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.

The VA also has other programs that provide additional compensation like individual unemployment, auto allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the basic disability compensation.

In addition to these benefit programs, the Social Security Administration gives military greenville veterans disability law firm special credit to boost their earnings over the course of their lives for retirement or disability benefits. These extra credits are called "credit for service."

A majority of the conditions that qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. However, a few of these conditions require an expert's advice. An experienced lawyer can assist a client obtain this opinion, and provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients receive the disability benefits that they deserve. We have handled a variety of disability cases and are familiar with the intricacies of VA rules and regulations. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans the top priority in his practice.

How do I claim a benefit?

Veterans must first locate the medical evidence supporting their disability. This includes any X-rays, doctor's reports or any other documentation that relate to their condition. It is essential to submit these documents to the VA. If a veteran does not have these documents, the VA should be notified by the applicant (or their VSO).

The next step is the filing of an intention to file. This form lets the VA review your claim even before you have the proper information and medical records. This form also preserves the date you can start receiving your compensation benefits if you succeed in your claim.

When all the data is in, the VA will schedule an examination for you. The VA will schedule the exam according to the number of disabilities and the type you claim. In the event that you do not attend this exam, it could delay the process of submitting your claim.

The VA will provide you with a decision package after the tests have been completed. If the VA decides to deny the claim, you will have one year to request a higher level review.

At this moment, a lawyer will help you. VA-accredited lawyers can now be involved in appeals from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

The denial of veterans' disability benefits is a frustrating experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement, you should explain to the VA why you are not happy with their decision. You don't have to include all of the reasons but you should list everything that you disagree on.

It is also essential to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. There are often insufficient or missing records. This can sometimes lead to an error in the rating.

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

You can request a personal hearing with a senior rating expert through an DRO review. The DRO will review your claim "de novo" which means they will not be influenced by the previous decision. This typically results in the issue of a new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the most time taking appeals route and typically takes anywhere from one to three years for a new decision.

What is the average amount an attorney can charge?

A lawyer may charge a fee if you appeal the VA decision on the basis of disability. The law in place today does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable 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 may be able identify accredited representatives by using the VA's searchable database that lists certified attorneys or claims agents. They have been vetted 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.

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

In rare instances an attorney or agent might decide to charge on an per hour basis. But, this isn't common for two reasons. These issues could take months or even years to be resolved. Additionally, many veterans and their families can't afford to pay on an hourly basis.

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