Veterans Disability Litigation

Ken advises veterans of the military to assist them in getting the disability compensation they deserve. Ken also represents clients in 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 by denial of their disability claims.

What is a VA disability?

The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is determined on their disability rating. This rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their families.

The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These 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 extra credits to increase their earnings over the course of their lives for disability or retirement benefits. These additional credits are known as "credit for service."

A majority of the conditions that allow veterans for disability compensation are included in the Code of Federal Regulations. However, certain conditions require an expert's opinion. An experienced veteran attorney can help a customer obtain this opinion, and supply the necessary evidence to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to helping our clients obtain the disability benefits that they are entitled to. We have handled thousands disability cases and we are well-versed with the complexities of VA regulations and laws. Our firm was established in 1996 by a disabled vet who, after successfully representing 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 make a claim?

Veterans must first locate the medical evidence that proves their disability. This includes X-rays, doctor's notes or other evidence regarding their health. Providing these records to the VA is vital. If a veteran doesn't have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intention to file. This is a form that permits the VA to review your claim before you have all the information and medical records required. It also preserves your effective date for receiving compensation in the event that you win your case.

The VA will schedule your exam when all details have been received. It will depend on the number and type of disability you claim. Be sure to take the exam, since in the event you fail to take it, it could delay your claim.

Once the tests are complete after which after the examinations are completed, VA will examine the evidence and give you a decision package. If the VA denies your claim, you have a year from the date of the letter to request a more thorough review.

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

How do I appeal a denial?

Denial of north adams veterans disability Attorney' disability benefits is a frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. You don't have to list every reason, but you should 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 in making their decision. There are often documents that are not complete or have been deleted. This can result in an error in the rating.

When you submit your NOD, the applicant will be asked if you want your case reviewed either by an Board of clearlake veterans disability lawyer Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO examines your case rather than if it's viewed by the BVA.

You can request a personal hearing with an expert in senior rating through an DRO review. The DRO will conduct a review of your claim on the basis of a "de novo" basis, which means they will not give any deference to the previous decision. This typically results in the issue of a new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the most lengthy appeals procedure and can take up to three years for a new decision.

What is the average cost a lawyer can charge?

A lawyer can charge a fee for assisting you appeal a VA disability decision. The law in place today does not permit lawyers to charge for initial assistance in a claim. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. Typically the fees will be paid directly out of the lump-sum payments that you receive from the VA.

Veterans can search the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a wide range of matters, including pension and disability compensation claims.

Most veterans' disability advocates are paid on the basis of a contingent. 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 that is granted varies, but could be as much as 20 percent of the claimant's past-due benefit award.

In rare cases an attorney or agent might choose to charge an hourly fee. However, this is uncommon for two reasons. First, these issues can be time-consuming and can go on for months or even years. Additionally, many veterans and their families cannot afford to pay an hourly fee.