Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. Ken also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, disproportionately rejecting their disability claims according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The disability rating determines the amount of monthly payments to newton Veterans disability Lawsuit who have service-connected disabilities. The rating is based on the severity of the illness or injury and can vary from 0% to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free, and provides a minimum income to the disabled veteran and their families.

VA provides additional compensation through other programs, like individual unemployment allowances for clothing, Newton veterans disability Lawsuit hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. These benefits are in addition to basic 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 earnings over the course of their lives for disability or retirement benefits. These credits are referred to as "credit for service."

A majority of the conditions that allow disabled virginia veterans disability lawyer for disability benefits are mentioned in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. A skilled lawyer with years of experience can assist a client in obtaining this opinion and provide the proof needed to support the claim for disability benefits.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to helping our clients obtain the disability benefits that they are entitled to. We have handled thousands of disability cases and are familiar with the complexities of VA regulations and laws. Our firm was started by a disabled vet who made fighting for veterans rights a priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I file a claim?

First, veterans must find the medical evidence supporting their condition. This includes X-rays or doctor's reports as well as any other documentation related to the condition of the veteran. Giving these records to VA is crucial. If a veteran does not have these documents and the VA should be notified by the claimant (or their VSO).

The next step is to submit an intent to file. This form lets the VA to review your claim before you have the necessary information and medical records. This form also preserves the date of effective compensation benefits in case you have a successful case.

When all the information is received after all the information has been received, the VA will schedule an examination for you. This will depend on the quantity and type of disabilities you are claiming. Make sure that you take this exam, as in the event you fail to take it and fail to take it, it could hinder your claim.

After the examinations have been completed after which after the examinations are completed, VA will review the evidence and send you a decision package. If the VA denies your claim, you have a year from the date of the letter to request a higher-level review.

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

How do I appeal a denial?

A refusal of veterans 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 submitting an Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement you should tell the VA why you are not happy with their decision. You don't need to list every reason, newton veterans Disability lawsuit but you must state all the issues that you disagree with.

It is also essential to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. Most of the time there are no or insufficient records. This could lead to a mistake in the rating.

After you have submitted your NOD, it will be asked to choose whether you want your case reviewed either 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 than if it's viewed by the BVA.

In the event of an DRO review you can request an individual hearing before an experienced senior rating specialist. The DRO will review your claim "de novo" which means they will not defer to the previous decision. This usually will result in a brand new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the longest demanding appeals process and usually takes one to three years to receive an updated decision.

What is the average cost a lawyer can charge?

A lawyer can charge a fee to assist you appeal the VA decision on a disability claim. The law as it stands today does not permit lawyers to charge for initial assistance in a claim. This is because the fee must be dependent on the lawyer winning your case, or getting your benefits increased through an appeal. Typically these fees are directly derived from any lump-sum payments you get from the VA.

Veterans may be able to find accredited representatives via the VA's searchable database for licensed attorneys or claims agents. They are vetted by the Department of Veterans Affairs and can represent service members, veterans or dependents in a wide range of issues such as pension claims, disability compensation and claims.

Most disability advocates for veterans are paid on an hourly basis. This means that they are only paid if they prevail in the client's appeal and are awarded back payments from the VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total benefit award.

In rare cases lawyers or agents might decide to charge an hourly rate. This is uncommon due to two reasons. First, these issues tend to be time-consuming and can last for months or even years. The second reason is that many veterans and their families cannot afford an hourly fee.