Veterans Disability Litigation

Ken advises veterans of the military to assist them in obtaining the disability compensation they deserve. He assists 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 disability law by disproportionately denying their disability claims.

What is a VA disability?

The amount of monthly monetary compensation that veterans disability attorneys (simply click the following webpage) receive for service connected disabilities is based on their disability rating. The rating is based on the severity of an illness or injury, and can range between zero and 100% in increments of 10 percent (e.g. 20% 30%, 20 percent, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their family.

VA provides additional compensation through other programs, for example individual unemployment, clothing allowances, hospitalization and prestabilization, car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans disability legal special credit that they can utilize to increase their lifetime earnings and qualify for retirement or disability benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, some of these circumstances require an expert's opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and present the evidence required to support an application for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients get the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans' rights a major part of his practice after he successfully represented himself in an appeal to the Board of veterans disability case Appeals hearing.

How do I file a claim?

Veterans must first gather the medical evidence of their impairment. This includes X-rays and doctor's notes, as well in any other documentation related to the condition of the veteran. It is crucial to provide these records to VA. 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 file an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. It also preserves your effective date for compensation benefits when you win your case.

Once all the information is in when all the information is in, the VA will schedule an exam for you. It will depend on the quantity and type of disability you claim. If you fail to attend this test, it could delay the processing of your claim.

Once the examinations are complete after which the VA will examine the evidence and give you a confirmation packet. If the VA refuses to accept the claim you will have one year to request a higher level review.

A lawyer can help you in this situation. VA-accredited lawyers are now involved in appeals right from the beginning, 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. Thankfully, the VA has an appeals process for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement you must tell the VA why you disagree with their decision. You don't need to list all the reasons, but you should mention all the points you disagree with.

You must also request your C-file or claims file to determine what evidence the VA used to arrive at their decision. There are usually incomplete or missing records. In some cases this could lead to an error veterans disability attorneys in the rating decision.

When you file your NOD, you will be asked to decide if you would like your case reviewed by a Board of veterans disability law Appeals or a Decision Review officer. Generally speaking, you'll be more likely to have success when you opt for the DRO review DRO review than with the BVA.

With the DRO review you have the option of asking for an individual hearing before a senior rating specialist. The DRO will examine your claim "de de novo", meaning that they will not be influenced by the previous decision. This typically results in a totally new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the most lengthy appeals process, and it could take up to three years to reach an appeal to be heard.

What is the average cost a lawyer can charge?

A lawyer can charge a fee to assist you appeal an VA decision regarding an appeal for disability. However, current law prevents lawyers from charging fees to assist with a claim. This is because the fee has to be contingent upon the lawyer winning your case or receiving your benefits increased as a result of an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans can identify accredited representatives by using the VA's searchable database for accredited attorneys or claims representatives. They have been vetted by the Department of Veterans Affairs to represent service members, veterans or their dependents in a range of issues including disability compensation and pension claims.

The majority of veterans' disability advocates are paid on a contingency basis. They only receive compensation when they prevail in their client's appeal and they are also paid back from VA. The amount of backpay paid can vary however it could be as high as 20 percent of a claimant's past due benefits.

In rare instances, an agent or lawyer might decide to charge an hourly rate. However, this is uncommon for two reasons. These issues can take a long time to be resolved. Additionally, many veterans and their families don't afford to pay an hourly rate.