Veterans Disability Litigation

Ken counsels military veterans to help them get the disability benefits they deserve. Ken also represents clients in VA Board of valparaiso veterans disability Attorney Appeals hearings.

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

What is what is VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with service-related disabilities. The rating is based on the severity of an illness or injury and valparaiso veterans disability attorney can vary between 0% and 100% in increments of 10% (e.g. 20 percent 30, 30 percent, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.

The VA also has other programs that provide additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the standard 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 retirement or disability benefits. These additional credits are referred to as "credit for service."

A majority of the conditions that qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. Certain of these conditions however, require an expert's opinion. A seasoned lawyer with experience can assist a client to obtain this opinion and provide the proof needed to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to ensuring that our clients get the disability benefits they deserve. We have handled thousands of disability cases and Valparaiso Veterans Disability Attorney are knowledgeable in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself in a Board of guthrie veterans disability Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.

How do I submit a claim?

The first step is to track down the medical evidence for their impairment. This could include X-rays, doctor's reports, as well in any other documentation related to the veteran's condition. Giving these records to VA is very important. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to make an intent to file. This is a form that permits the VA to begin reviewing your claim even before you have all the information and medical records that you require. The form also keeps the effective date of your compensation benefits in the event you win your case.

The VA will schedule your exam after all the information is received. This will be dependent on the amount and type of disability you claim. 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 Once the examinations are complete, after the examinations are completed, VA will examine the evidence and then send you a decision packet. If the VA rejects the claim, you have a year to request a more extensive 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 seeking disability benefits.

How do I appeal a denial?

A refusal of piedmont veterans disability lawyer disability benefits can be a gruelling experience. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement you should state to the VA why you were dissatisfied with their decision. You don't need to list every reason, but you should be clear about the issues you disagree with.

It's also important to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. There are usually incomplete or missing data. This can sometimes lead to an error in the rating.

If you submit your NOD you must decide whether you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success when the DRO examines your case rather than when it's reviewed by BVA.

When you request an DRO review you have the option of asking for a personal hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on an "de novo" basis, which means that they do not give deference to the previous decision. This usually results in a completely new Rating Decision. You may also decide to request that the BVA in Washington review your claim. This is the time lengthy appeals procedure and typically can take between one and three years to obtain an updated decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee to help you appeal an VA decision regarding a disability claim. The current law does not allow lawyers to charge fees for initial assistance in a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits by filing an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans may identify accredited representatives by using the VA's searchable database that lists licensed attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, beatrice veterans disability lawsuit or their dependents in a range of issues including disability compensation and pension claims.

Most veterans' disability advocates work on a contingency basis. They only receive compensation when they are successful in defending their client's case, and they are also paid back from VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's past-due benefit award.

In rare instances lawyers or agents might decide to charge an hourly fee. This isn't often the case due to two reasons. These issues can take months or even years to be resolved. In addition, the majority of veterans and their families can't afford to pay for these services on an hourly basis.