veterans disability attorney Disability Litigation

Ken counsels veterans disability law firms (http://en.easypanme.com/board/bbs/board.php?bo_table=master&Wr_id=1115553) of the military to help them get the disability benefits 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 what is VA Disability?

The amount of monthly monetary compensation given to veterans with 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 0% and 100% in increments of 10% (e.g. 20% 30, 30%, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their family.

VA offers additional compensation through other programs, like individual unemployment, clothing allowances, hospitalization and prestabilization, automobile allowances, and hospitalization allowances. These are in addition to basic disability compensation.

In addition to these benefit programs the Social Security Administration gives military veterans special credits to increase their lifetime earnings for disability or retirement benefits. These extra credits are referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. Certain of these conditions, however, require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and provide the proof needed to prove a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to assisting our clients to receive the disability benefits they are entitled to. We have handled a variety of disability cases and are well-versed with the intricacies of VA rules and regulations. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans disability attorney, made the rights of veterans a priority for his practice.

How do I file a claim?

Veterans need to first collect the medical evidence supporting their disability. This includes any X-rays, doctor's reports or any other documentation regarding their condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents then the VA must be informed by the claimant (or their VSO).

The next step is to make an intent to file. This is a form that allows the VA to review your claim before you have all the medical records you require. It also keeps your effective date for compensation benefits in the event that you win your case.

Once all the information is received after all the information has been received, the VA will arrange an examination for you. The VA will set the date for the examination depending on the amount of disabilities you have and the type of disability you claim. Make sure you attend this exam, as in the event you fail to take it this could affect your claim.

Once the examinations are complete after which the VA will examine the evidence and send you a confirmation packet. If the VA rejects the claim, you'll have a year to request a higher-level review.

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

How do I appeal a denial?

The denial of disability benefits to veterans is a frustrating experience. The VA provides an appeals procedure for 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 should state to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you must state all the issues that you disagree with.

You should also request your C-file or claims file so that you can see the evidence that the VA used to arrive at their decision. Often times, there are missing or incomplete records. In certain cases this could result in an error in the rating decision.

When you submit your NOD you will need to decide if you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a greater chance of success when you opt for a DRO review than with the BVA.

If you are subject to the DRO review you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will conduct the review of your claim on the basis of a "de novo" basis, which means that they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest appeals process and it can take up to three years for a new decision.

How much will a lawyer charge?

A lawyer can charge a fee to assist you appeal an VA decision on a disability claim. The law as it stands today does not permit lawyers to charge for assistance with a claim in the beginning. This is because the fee has to be dependent on the lawyer prevailing in your case or getting your benefits increased through an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans may find accredited representatives via the VA's searchable database for accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans, veterans disability law firms service members or dependents in a wide spectrum of cases including pension claims, disability compensation and claims.

The majority of veterans' disability advocates are paid on a contingency basis. They only receive compensation when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total past-due benefit.

In rare instances an attorney or agent may choose to charge on the basis of an hourly rate. However, this is uncommon due to two reasons. These matters can take months or Veterans disability law firms years to resolve. Additionally, many veterans and their families don't afford an hourly fee.