Bloomingdale Veterans disability lawyer Disability Litigation

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

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

What is a VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans who have disabilities that are related to service. This rating is based upon the severity of the injury or illness and can range from 0% to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is free of tax and provides a basic amount of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation like the individual unemployed, the automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credit that they can use to boost their lifetime earnings and qualify for retirement or disability benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. However, certain conditions require an expert opinion. An experienced lawyer can assist a customer in obtaining this opinion, and provide the evidence required to prove a claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they deserve. We have handled thousands of disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was established by a disabled veteran who made fighting for veterans rights a key part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans must track down the medical evidence that supports their impairment. This includes X-rays and doctor's reports as well as any other documentation related to the condition of the veteran. It is important to provide these records to VA. If a veteran doesn't have these documents, they should 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 allows the VA to review your claim even before you have all the medical records you need. This form also ensures the date you can start receiving your compensation benefits in case you are successful in your case.

The VA will schedule your exam after all the information is received. The VA will schedule the exam in accordance with the number of disabilities as well as the type you are claiming. Make sure that you take this exam, as If you don't and fail to take it, it could hinder your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.

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

How do I appeal a denial?

Denial of benefits for disability suffered by anniston veterans disability lawsuit can be a source of frustration. The VA provides an appeals procedure for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disparage, you must tell the VA why you disagree with their decision. It is not necessary to list every reason, but you should be clear about the issues you disagree with.

It is also essential to request your C-file (claims file) so that you can view the evidence the VA used to make their decision. There are usually incomplete or missing data. This can sometimes lead to a mistake in the rating.

If you file your NOD, you will be asked if you would like your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will be more likely to have success with the DRO review DRO review than with the BVA.

In the event of a DRO review you have the option of requesting a personal hearing before a senior rating specialist. The DRO will conduct the review of your claim on the basis of a "de de novo" basis, which means that they will not give deference to the previous decision. This usually results in a new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest appeals process, and it could take up to three years to reach an appeal to be heard.

How much can a lawyer charge?

Lawyers can charge a fee if appeal a VA decision regarding a disability claim. However, current law prevents lawyers from charging for assistance with a claim. The fee is only due when the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans may locate accredited representatives using the VA's searchable database for accredited attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a range of issues such as disability compensation and pension claims.

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

In rare cases an attorney or agent might decide to charge on an the basis of an hourly rate. This isn't often the case due to two reasons. First, these matters tend to be time-consuming and can take months or even years. The second reason is that many veterans and their families are unable to afford to pay an hourly fee.