Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. 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 disability attorney by discriminating against their disability claims.

What is an VA disability?

The amount of monthly monetary compensation that veterans receive for service-related disabilities is determined on their disability rating. This rating is based on the severity of the injury or illness and vimeo can vary from 0% to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.

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

The Social Security Administration also gives veterans a special credit they can use to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are referred to as "credit for service."

A majority of the conditions that make a veteran for disability compensation are mentioned in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence needed to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients get the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the intricacies of VA rules and Sharonville Veterans disability lawsuit regulations. Our firm was established by a disabled veteran who made fighting for veterans rights a key part of his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I claim a benefit?

First, veterans need to track down the medical evidence that supports their impairment. This includes Xrays or doctor's reports, as well in any other documentation related to the condition of the veteran. The submission of these records to the VA is very important. If a veteran does not have these documents and the VA must be informed by the claimant (or their VSO).

The next step is a filing of an intention to file. This is a form that allows the VA to begin reviewing your claim, even before you have all the medical records that you require. It also protects your effective date for compensation benefits should you prevail in your case.

The VA will schedule your exam after all the details have been received. It will depend on the amount and type of disability you claim. Make sure you take the exam, since in the event you fail to take it the exam could delay your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA decides to deny the claim, you'll have a year to request a more thorough review.

At this moment, a lawyer could assist you. VA-accredited lawyers are now involved in the appeals right from the beginning, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice Of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. You don't need to list all the reasons but you should include everything that you disagree on.

It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. Sometimes there are gaps or incomplete records. In some instances this could lead to an error in the rating decision.

After you have submitted your NOD, the applicant will be asked if you would like your case reviewed by a Board of Chester veterans disability lawsuit Appeals or a Decision Review officer. In general, you'll have a higher chance of success with a DRO review than with the BVA.

When you request an DRO review you can request an individual hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on the basis of a "de novo" basis, which means that they will not give deference to the previous decision. This typically results in an entirely new milford veterans disability lawsuit Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process, and it could take approximately three years to get an appeal to be heard.

What is the cost an attorney could charge?

A lawyer can charge a fee to help you appeal a VA disability decision. However, current law prohibits lawyers from charging fees to assist with a claim. The fee is only due when the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be directly derived from any lump-sum payments you get from the VA.

Veterans may find accredited representatives through the VA's searchable database that lists certified attorneys or claims agents. They are vetted by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad range of issues, including pension claims, disability compensation and claims.

Most veterans' disability advocates are paid on a contingent basis. This means that they will only be paid if they are successful in winning the appeal of the client and receive back pay from the VA. The amount of backpay granted can differ, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare instances lawyers or agents may choose to charge an hourly fee. This is uncommon due to two reasons. First, these situations can be time-consuming and can drag on for months or even years. In addition, many veterans and their families don't afford an hourly rate.