Veterans Disability Litigation

Ken counsels military colleyville veterans disability law firm to assist them in getting the disability compensation they are entitled to. 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 by discriminating against their disability claims.

What is an VA Disability?

The amount of monthly monetary compensation given to veterans with disabilities resulting from service is based on their disability rating. This rating is determined by the severity of the injury or illness and can vary between zero and 100% in increments of 10% (e.g. 20% 30 percent, 30%, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their family.

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

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

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. However, a few of these conditions require an expert's advice. A skilled lawyer with years of experience can assist a client in obtaining this opinion and provide the evidence required to prove the claim for disability benefits.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to ensuring that our clients get the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complexity 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 an appeal to the Board of clinton veterans Disability attorney [Vimeo.Com] Appeals hearing.

How do I file a claim?

First, veterans need to locate the medical evidence for their impairment. This includes any X-rays, doctor's reports, or other documents relevant to their condition. It is vital to provide these records to VA. If a veteran does not have these documents then the VA should be notified by the claimant (or their VSO).

The next step is the filing of an intent to file. This form lets the VA review your claim even before you have the needed information and medical records. It also keeps your date of eligibility for compensation benefits when you win your case.

The VA will schedule your appointment when all information has been received. The VA will schedule an examination based on the amount of disabilities you have and the type of disability you claim. Be sure to take the exam, since If you don't this could affect your claim.

The VA will send you a decision document after the examinations are completed. If the VA decides to deny the claim, you will have one year to request a more extensive review.

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

How do I appeal a denial?

Denial of veterans disability benefits can be a frustrating experience. Fortunately, the VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disparage, you must tell the VA the reason you don't like their decision. You don't need to list every reason, but you should list all the points you disagree with.

It's also crucial to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are usually incomplete or missing records. This could lead to a mistake in the rating.

When you submit your NOD, the applicant will be asked to select whether you want your case to be reviewed by a Board of rocklin veterans disability law firm Appeals or a Decision Review officer. In general, you'll be more likely to have success when you opt for a DRO review than with the BVA.

When you request an DRO review, you can request a personal hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on an "de de novo" basis, which means they will not give any deference to the previous decision. This typically results in an entirely new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest lengthy appeals procedure and typically takes anywhere from one to three years to obtain a new decision.

How much does an attorney charge?

Lawyers can charge a fee to help you appeal an VA decision regarding a disability claim. The law in place today 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 dependent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

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

Most disability advocates for veterans are paid on an ad-hoc basis. They only get paid when they are successful in defending their client's case, and they receive back pay from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total benefit amount.

In rare instances an attorney or agent might decide to charge an hourly fee. This is rare for two reasons. These issues can take months or years to resolve. Second, many veterans and their families don't afford to pay an hourly fee.