Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability compensation 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 Veterans Legal Services Clinic this week The Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.

What is an VA disability?

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

The VA also offers other programs that offer additional compensation like the individual unemployed, the 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 to these benefit programs, the Social Security Administration gives military veterans special credits to boost their lifetime earnings for retirement or vimeo disability benefits. These extra credits are known as "credit for service."

A majority of the conditions that allow an individual for disability compensation are listed in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. An experienced veteran attorney can help a customer obtain an opinion, and also provide the evidence needed to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was established 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 an integral part of his practice.

How do I file a claim?

First, veterans must find the medical evidence that supports their condition. This could include X-rays, doctor's notes, as well in any other documentation related to the veteran's condition. It is crucial to provide these records to VA. If a veteran does not have these documents, Vimeo they must 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 permits the VA to begin reviewing your claim before you have all the medical records required. It also keeps your date of effective for benefits in the event that you win your case.

When all the information is provided, the VA will schedule an appointment for you. This will depend on the quantity and type of disabilities you are claiming. Be sure to take the exam, since If you don't the exam could delay your claim.

Once the tests are complete Once the examinations are complete, after the examinations are completed, VA will examine the evidence and send you a decision packet. If the VA denies the claim, you will have one year to request a more extensive review.

A lawyer can help you in this situation. Accredited lawyers from VA can be involved in the appeals from the start, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a difficult 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 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 must mention all the aspects you don't agree with.

It's also crucial to request your C-file (claims file) to see the evidence that the VA used in making their decision. Most of the time there are no or insufficient records. In certain cases this could lead to an error in the rating decision.

If you file your NOD, you will be asked to select whether you want your case reviewed by the Board of paterson veterans disability attorney Appeals or a Decision Review officer. In general, you will be more likely to have success with the DRO review DRO review than with the BVA.

In the event of the DRO review, you have the option of asking for an individual hearing with a senior rating specialist. The DRO will conduct an examination of your claim on an "de novo" basis, which means that they will not give deference to the previous decision. This typically results in a totally new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process, and it could take up to three years before you receive a new decision.

How much can a lawyer charge?

A lawyer may charge a fee for helping appeal an VA decision regarding an appeal for disability. However, current law prevents lawyers from charging fees for assistance in a claim. This is due to the fact that the fee is dependent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically these fees are paid out of any lump-sum payment you receive from the VA.

Veterans may be able to locate accredited representatives using the VA's searchable database that lists licensed attorneys or claims agents. 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 including disability compensation and pension claims.

Most veterans' disability advocates are paid on the basis of a contingent. They only receive compensation when they prevail in their client's appeal and they are also paid back from VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total benefit.

In rare instances an attorney or agent could decide to charge an hourly fee. This isn't often the case due to two reasons. First, these cases tend to be time-consuming and can go on for months or even years. Additionally, many veterans and their families cannot afford an hourly rate.