Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. He also represents his clients in VA Board of vandergrift veterans disability Appeals Hearings.

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

What is a VA disability?

The amount of monthly monetary compensation provided to veterans suffering from service connected disabilities is based on their disability rating. The rating is determined by the severity of the injury or illness and can range from 0% up to 100% in 10% increments (e.g., 20%, 30% etc). The amount is devoid of tax and provides a basic source of income to the disabled veteran and his family.

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

The Social Security Administration also gives souderton veterans disability special credits that they can utilize to increase their earnings over time to qualify for retirement or disability benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. However, a few of these circumstances require an expert's opinion. An experienced veteran attorney can assist a client obtain this opinion and provide the evidence needed to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients obtain the benefits they're entitled to. We have handled thousands of disability cases and are well-versed in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.

How do I make a claim?

First, washingtonville veterans disability need to locate the medical evidence that supports their disability. This includes X-rays, doctor's notes or other evidence relevant to their health. Making these records available to the VA is essential. If a veteran does not have these documents then the VA should be notified by the applicant (or their VSO).

The next step is the filing of an intent to file. This form allows the VA to begin reviewing your claim, even before you have all the information and medical records you require. It also protects your effective date for compensation benefits when you win your case.

The VA will schedule your exam when all information has been received. The VA will schedule the exam depending on the number of disabilities and the type of disability you claim. Don't miss this exam because it could delay the process of your claim.

The VA will send you a decision document after the examinations are completed. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.

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

How do I appeal a denial?

The denial of veterans' disability benefits can be frustrating. Fortunately the VA has an appeals process for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA the reasons why you did not agree with their decision. You don't have to list every reason, but you must list all the points you disagree with.

It's also important 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. This can result in an error in the rating.

When you file your NOD, it is up to you to decide if prefer to have your situation considered by a Decision Review Officer or by the Board of butte-silver bow veterans disability Appeals. Generally speaking, vimeo you will have a better chance of success with a DRO review than with the BVA.

When you request an DRO review, you have the option of asking for an individual hearing before an experienced senior rating specialist. The DRO will review your claim "de novo", meaning that they will not rely on the previous decision. This usually results in a totally new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the longest consuming appeals path and typically takes anywhere from one to three years for an updated decision.

How much does an attorney charge?

A lawyer can charge a fee to assist you appeal a VA disability decision. But, current law prohibits lawyers from charging for assistance in the case. The fee is only due when 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 be able to identify accredited representatives by using the VA's searchable database for certified attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a variety of matters including pension and disability compensation claims.

Most disability advocates for Vimeo veterans are paid on an ad-hoc basis. They only get paid when they prevail in their client's appeal and Vimeo they also receive back pay from VA. The amount of back pay granted varies, but could be as much as 20 percent of the claimant's past-due benefit amount.

In rare cases, an agent or lawyer might decide to charge an hourly rate. This is rare for two reasons. First, these issues tend to be time-consuming and can drag on for months or even years. The second reason is that many veterans and their families can't afford an hourly fee.