Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by generally denying their disability claims, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with service-related disabilities. This rating is determined by the severity of an illness or injury and can range from zero and 100% in increments of 10 percent (e.g. 20 percent 30, 30%, etc.). The compensation is tax-free and provides a basic income for disabled greenwood village veterans disability lawyer and their family.

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

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

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. Certain of these conditions, however, require an expert's opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the evidence needed to prove the claim for disability compensation.

Sullivan & Kehoe is experienced in representing Mcfarland Veterans Disability Lawsuit (Https://Vimeo.Com/709683613) with disabilities claims and appeals. We are committed to helping our clients to receive the disability benefits they are entitled to. We have handled a variety of disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was founded in 1996 by a disabled veteran who, after successfully representing himself in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.

How do I file a claim?

Veterans must first find the medical evidence of their impairment. This includes X-rays, doctor's reports, or other documents that relate to their medical condition. Giving these records to VA is essential. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This form allows the VA to review your claim, even before you have all the information and medical records required. It also protects your date of effective for benefits in the event that you win your case.

The VA will schedule your appointment when all information is received. It will depend on the amount and type of disabilities you are claiming. Make sure that you take the exam, since in the event you fail to take it the exam could delay your claim.

After the examinations are completed After the examinations are completed, the VA will examine the evidence and send you a decision packet. If the VA refuses to accept the claim you'll have one year to request a higher level review.

A lawyer can assist you at this point. VA-accredited lawyers can now be involved in appeals from the start, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a very frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice Of Disagreement you should state to the VA why you disagreed with their decision. You don't need to list every reason, but you should list all the points you disagree with.

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. Most of the time there are no or incomplete records. In certain cases this could result in an error in the rating decision.

If you file your NOD, it 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'll have a greater chance of success if the DRO reviews your case, compared to when it's reviewed by the BVA.

With a DRO review, you can request an individual hearing with a senior rating specialist. The DRO will review your claim "de de novo" which means they will not be influenced by the previous decision. This usually results in an entirely new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the longest appeals process and it can take up to three years before you receive a new decision.

How much can a lawyer charge?

Lawyers can charge a fee to help appeal an VA decision regarding a disability claim. However, the law currently prohibits lawyers from charging fees to assist when submitting a claim. This is because the fee must be contingent on the lawyer winning your case or getting your benefits increased by an appeal. Typically the fees will be paid directly from the lump-sum payments that you receive from the VA.

Veterans can search the VA's database of accredited attorneys or claim agents to locate accredited representatives. These individuals have been approved by the Department of ferguson veterans disability attorney Affairs to represent service members, veterans, dependents, or survivors in a variety of matters such as disability compensation and pension claims.

Most veterans' disability advocates work on a contingency basis. They only get paid when they win their client's appeal, and they receive back pay from VA. The amount of backpay paid can vary but it could be as high as 20 percent of a claimant's past-due benefits.

In rare instances lawyers or agents could decide to charge an hourly rate. This is rare for two reasons. First, these matters are usually time-consuming and can go on for months or even years. In addition, many veterans and their families cannot afford an hourly fee.