Veterans Disability Litigation

Ken counsels veterans of the military to assist them in getting the disability compensation they deserve. Ken is also a lawyer for 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, disproportionately refusing their disability claims.

What is an VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with service-related disabilities. This rating is based upon the severity of an illness or injury, and can range between zero and 100% in increments of 10% (e.g. 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for disabled veterans and their family.

The VA also has other programs that provide additional compensation like individual unemployability, automobile allowance, clothing allowance, and huenhue.net hospitalization and prestabilization 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 lifetime earnings for disability or retirement benefits. These extra credits are referred to as "credit for service."

A majority of the conditions that allow disabled veterans for disability benefits are included in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. An experienced veteran lawyer can assist a client to obtain this opinion and provide the evidence 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 ensuring that our clients get the disability benefits they deserve. We have handled thousands disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was founded in 1996 by a disabled vet who, after successfully representing himself in a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.

How do I claim a benefit?

Veterans must first gather the medical evidence of their disability. This includes Xrays or doctor's notes, as well any other documentation pertaining to the veteran's condition. Giving these records to VA is crucial. 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 to make an intent to file. This is a form that permits the VA to begin reviewing your claim before you have all the medical records required. It also preserves your date of effective for benefits in the event that you win your case.

The VA will schedule your exam after all the required details have been received. It will depend on the type and number of disabilities you are claiming. Make sure you attend this exam, as should you miss it the exam could delay your claim.

After the examinations have been completed after which after the examinations are completed, VA will examine the evidence and give you a decision-making packet. If the VA denies your claim you have a year from the date of the letter to request a more thorough review.

At this point, a lawyer can assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a a huge benefit to those seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a very frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement, you must inform the VA the reasons you don't agree with their decision. It is not necessary to list every reason but you should include everything that you disagree on.

It is also essential to request your C-file (claims file) to see the evidence that the VA used in making their decision. There are often incomplete or missing records. This could lead to an error in the rating.

When you submit your NOD you must choose whether you would like to have your case examined by a Decision Review Officer or by the Board of veterans disability lawsuit Appeals. Generally speaking, you'll have a greater chance of success with the DRO review DRO review than with the BVA.

With an 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 don't give deference the previous decision. This usually results in a completely 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 to reach an appeal to be heard.

How much can a lawyer charge?

A lawyer can charge a fee for helping you appeal a VA decision regarding the basis of disability. However, the law currently prohibits lawyers from charging for assistance with a claim. This is due to the fact that the fee has to be contingent on the lawyer winning your case, or getting your benefits increased by an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans can look through the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a wide spectrum of cases such as disability compensation claims and pension claims.

Most disability advocates for veterans work on a contingency basis. They only receive compensation when they win their client's appeal, chunwun.com 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 the claimant's past due benefits.

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