monticello veterans disability attorney Disability Litigation

Ken assists veterans to get the disability benefits they deserve. He also represents 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 paid to veterans who have service-connected disabilities. The rating is based on the severity of the injury or illness, and can range between 0% and 100% in increments of 10% (e.g. 20% 30%, 20%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.

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

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

Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. However, some of these conditions require an expert's advice. A veteran lawyer with experience can assist a client obtain this opinion and provide the necessary evidence to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled thousands disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was founded in 1996 by a disabled veteran who after securing his own representation in a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an integral part of his practice.

How do I make a claim?

First, veterans must look up the medical evidence that supports their condition. This could include X-rays, doctor's reports, as any other documentation pertaining to the veteran's condition. The submission of these records to the VA is crucial. If a veteran does not have these documents and the VA should be notified by the claimant (or their VSO).

The next step is to file an intent to file. This form allows the VA to review your claim before you have the needed information and medical records. It also ensures that you have an effective date for compensation benefits should you prevail in your case.

If all the required information is received after all the information has been received, the VA will arrange an examination for you. This will depend on the amount and type of disabilities you are claiming. Be sure to take this test, because should you miss it this could affect your claim.

Once the tests are complete, the VA will review the evidence and send you a decision 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 moment, a lawyer will help you. Lawyers who are accredited by VA can now be involved in the appeals right from the beginning, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of Sugar Grove Veterans Disability Law Firm disability benefits can be a gruelling experience. Fortunately the VA has an appeals process for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice Of Disagreement, you have to explain to the VA why you are not happy with their decision. It is not necessary to list every reason, but you should list all the points you don't agree with.

It's also crucial to request your C-file (claims file) so that you can view the evidence the VA used to make their decision. There are often insufficient or missing records. In some instances this could lead to an error in the rating decision.

If you submit your NOD you must choose whether you want to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO reviews your case than when it's reviewed by the BVA.

With the DRO review you can request an individual hearing with 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 Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the longest demanding appeals process and usually takes between one and three years to obtain a new decision.

How much can an attorney charge?

Lawyers can charge a fee to assist appeal the VA decision on an appeal for disability. The law currently does not allow lawyers to charge for assistance with a claim in the beginning. 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. These fees are usually paid directly from any lump-sum payments you receive from the VA.

Veterans can search the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide range of issues such as pension and disability compensation claims.

The majority of veterans' disability advocates work on a contingency basis. They only receive compensation when they are successful in defending their client's case, and they are also paid back from 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 cases, an agent or lawyer could decide to charge an hourly fee. This isn't often the case due to two reasons. These issues can take months or even years to be resolved. Additionally, many veterans and their families cannot afford to pay an hourly rate.