Veterans Disability Litigation

Ken counsels military veterans to help them get the disability compensation they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, discriminating against their disability claims in the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The amount of monetary compensation per month paid to veterans with service-related disabilities is determined on their disability rating. This rating is determined by the severity of the injury or illness and may range between zero and 100% in increments of 10 percent (e.g. 20% 30, 30 percent, etc.). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation such as individual unemployability, 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 a special credit they can use to boost their lifetime earnings so that they can qualify for retirement or disability benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. However, a few of these conditions require an expert's advice. An experienced veteran attorney can assist a client in obtaining this opinion, and provide the evidence required to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients get the disability benefits they are entitled to. We have handled a variety of disability cases and are familiar with the complexities of VA regulations and laws. Our firm was established by a disabled veteran who made fighting for joshua veterans disability lawyer rights a key part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I claim a benefit?

Veterans must first locate the medical evidence to prove their impairment. This includes X-rays, doctor's notes or other evidence relevant to their medical condition. The submission of these records to the VA is essential. 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 to make an intent to file. This form allows the VA to begin reviewing your claim before you have all the medical records that you require. This form also preserves the effective date of your compensation benefits in case you are successful in your case.

When all the data is submitted when all the information is in, the VA will schedule an exam for you. This will depend on the type and number of disabilities you are claiming. Be sure to take this exam, as If you don't and fail to take it, shoreview veterans disability lawsuit it could hinder your claim.

After the examinations have been completed After the examinations are completed, after the examinations are completed, VA will review the evidence and send you a decision package. If the VA decides to deny the claim, you'll have one year to request a higher-level review.

A lawyer can be of assistance in this situation. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

A denial of Shoreview Veterans Disability Lawsuit disability benefits can be a very frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice Of Disagreement, you should explain to the VA why you disagreed with their decision. You don't need to list every reason, but you should mention all the aspects you disagree with.

You should also request your C file or claims file to see the evidence that the VA used to arrive at their decision. There are usually incomplete or missing records. This can sometimes lead to an error in the rating.

After you have submitted your NOD, it will be asked to choose whether you would like your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success when the DRO reviews your case, compared to when it's reviewed by the BVA.

You can request a personal hearing with a senior rating expert via an DRO review. The DRO will review your claim "de novo" which means that they will not defer to the previous decision. This usually results in an entirely new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the longest demanding appeals process and usually can take between one and three years to receive an updated decision.

What is the cost an attorney could charge?

Lawyers may charge a fee to help you appeal an VA disability decision. But, current law prohibits lawyers from charging for initial assistance when submitting a claim. The fee is only due if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically the fees are paid out of any lump-sum payments you receive from the VA.

Veterans can use the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors on a range of issues including disability compensation and pension claims.

Most disability advocates for veterans are paid on a contingency basis. They only receive compensation when they are successful in defending their client's case, and they receive back pay from VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's past-due benefit award.

In rare instances an attorney or agent might decide to charge an hourly fee. But, this isn't common due to two reasons. First, these issues are often time consuming and can drag on for months or even years. In addition, the majority of cookeville veterans disability lawsuit and their families cannot afford to pay for these services on an hourly basis.