Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black spirit lake veterans disability attorney for a long time by disproportionately rejecting their disability claims according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. The rating is based on the severity of the injury or illness and may range between 0% and 100% in increments of 10 percent (e.g. 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their family.

VA offers additional compensation through other programs, for Vimeo.Com example individual unemployment, clothing allowances prestabilization and hospitalization, allowances for automobiles, 0522224528.ussoft.kr and hospitalization allowances. These benefits are in addition to basic disability compensation.

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 additional credits are referred to as "credit for service."

A majority of the conditions that make disabled veterans for disability benefits are included in the Code of Federal Regulations. However, a few of these conditions require an expert's advice. A seasoned veteran attorney can help a customer obtain an opinion, and also provide the evidence required to prove an 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 benefits they're entitled to. We have handled thousands of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans' rights a key part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans need to first collect the medical evidence supporting their impairment. This includes X-rays or doctor's reports as well with any other documentation that is related to the condition of the veteran. It is crucial to provide these documents to the VA. If a veteran does not have these documents then the VA should be notified by the applicant (or their VSO).

The next step is to submit an intent to file. This form allows the VA review your claim even before you have all the required information and medical records. This form also protects the date of effective compensation benefits in the event you succeed in your claim.

If all the required information is provided, the VA will schedule an examination for you. This will be dependent on the number and 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 tests are complete after which the VA will review the evidence and send 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 in this situation. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a an enormous benefit to those seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be extremely frustrating. The VA has an appeals process for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disparage, you must tell the VA why you are not happy with their decision. You don't have to list every reason, but you must be clear about the issues you disagree with.

You must also request a C-file or claims file so that you can see what evidence the VA used to reach their decision. Sometimes there are gaps or insufficient records. This can result in a mistake in the rating.

When you file your NOD, it is up to you to decide if want to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, 0522224528.ussoft.kr you will have a greater chance of success with a DRO review than with the BVA.

With an DRO review, you have the option of requesting an individual hearing with an experienced senior rating specialist. The DRO will examine your claim "de novo" which means that they will not defer to the previous decision. This typically results in a completely new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the most lengthy appeals process and can take up to three years before you receive an appeal to be heard.

What is the cost an attorney could charge?

A lawyer may charge a fee to help you appeal the VA decision on the basis of disability. The law currently does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans can look through the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a vast variety of cases, including pension claims, disability compensation and claims.

Most veterans' disability advocates are paid on a contingency basis. This means that they only get paid if they prevail in the appeal of the client and get back pay from the VA. The amount of back pay that is given varies, but it can be as high as 20 percent of the claimant's total past-due benefit award.

In rare cases attorneys or agents may decide to charge on an an hourly basis. But, this isn't common due to two reasons. First, these matters tend to be time-consuming and can go on for months or even years. The second reason is that most veterans and their families cannot afford to pay for these services on an hourly basis.