Veterans Disability Litigation

Ken advises veterans of the military to assist them in obtaining the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by discriminating against their disability claims according to an action 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 henderson veterans disability law firm who have disabilities that are related to service. This rating is based upon the severity of an injury or illness, and can range between 0% and 100% in increments of 10 percent (e.g. 20% 30, 30 percent, etc.). The compensation is free of 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 unemployment, auto allowance, clothing allowance and hospitalization and prestabilization benefits. These 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 earnings over the course of their lives for retirement or disability benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. However, vimeo some of these conditions require an expert's advice. A seasoned lawyer with experience can assist clients in obtaining this opinion and provide the evidence needed to prove a claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing cicero veterans disability attorney in appeals and claims for disability. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are familiar with the intricacies of VA regulations and laws. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights the top priority in his practice.

How do I make a claim?

Veterans must first gather the medical evidence of their impairment. This includes X-rays and doctor's reports or other documentation related to their condition. Giving these records to VA is very important. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).

The next step is the filing of an intention to file. This form allows the VA examine your claim even before you have the proper information and medical records. This form also ensures the date of effective compensation benefits in the event that you succeed in your claim.

The VA will schedule your exam after all the information is received. This will be dependent on the type and number of disabilities you are claiming. Attend this exam as missing it could delay the processing of your claim.

The VA will send you a decision package when the examinations have been completed. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level 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 an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a very frustrating experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice Of Disagreement, you must explain to the VA why you are not happy with their decision. You don't need to list every reason but you should include all the points you disagree with.

You must also request your C-file, or claims file, so that you can see what evidence the VA used to make their decision. In many cases there are missing or insufficient records. This could lead to an error in the rating.

When you file 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 will have a greater chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a private hearing with an expert in senior ratings through a DRO review. The DRO will review your claim "de novo" which means they will not accept the previous decision. This usually 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 time demanding appeals process and usually takes anywhere from one to three years for an updated decision.

How much will a lawyer charge?

A lawyer can charge a fee for helping you appeal an VA decision on an appeal for disability. However, current law prevents lawyers from charging fees to assist when submitting a claim. This is because the fee has to be dependent on the lawyer winning your case, or getting your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans can identify accredited representatives by using the VA's searchable database for accredited attorneys or claims agents. They are vetted by the Department of Veterans Affairs and can represent service members, veterans or dependents in a broad variety of cases such as pension and disability compensation claims.

Most veterans' disability advocates work 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 that is given varies, but it can be as high as 20 percent of the claimant's past-due benefit.

In rare instances, an agent or lawyer might choose to charge an hourly rate. This is uncommon due to two reasons. These matters can take a long time to resolve. Second, most veterans and their families are unable to afford to pay for these services on an hourly basis.