Veterans Disability Litigation

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

The Department of Veterans Affairs discriminated against Black veterans for decades by rejecting their disability claims in adisproportionate way, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The amount of monetary compensation per month given to Lochbuie veterans disability Lawyer with service-related disabilities is based on their disability rating. The rating is based on the severity of an injury or illness, and can range between zero and 100% in increments of 10% (e.g. 20 percent, 30 percent, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their family.

The VA also offers other programs that offer additional compensation such as individual unemployment, auto 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 special credits they can utilize to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. However, Download free some of these conditions require an expert opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the proof needed to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled eureka veterans disability law firm claims and appeals. We are committed to ensuring that our clients get the disability benefits that they deserve. We have handled thousands disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was started by a disabled vet who made fighting for camden veterans disability lawsuit rights a major part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I claim a benefit?

The first step is to track down the medical evidence supporting their impairment. This includes Xrays or doctor's reports, as as any other documentation related to the veteran's condition. Giving these records to VA is essential. If a veteran doesn't have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to file an intent to file. This form permits the VA to begin reviewing your claim before you have all the information and medical records you require. This form also protects the effective date of your compensation benefits in case you have a successful case.

When all the information is provided When all the information is submitted, the VA will schedule an appointment for you. It will depend on the amount and type of disability you claim. Attend this exam as missing it could delay the process of your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA rejects the claim, you will have one year to request a more extensive review.

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

How do I appeal a denial?

The denial of disability benefits to veterans is a frustrating experience. The VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disparage, you have to tell the VA the reasons you don't agree with their decision. You don't have to include all of the reasons, but you should mention everything that you disagree on.

It's also important to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. Sometimes there are missing or insufficient records. In some cases this could lead to an error in the rating decision.

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

When you request a DRO review you have the option of asking for a personal hearing before an experienced senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de de novo" basis, which means that they will not give any deference to the previous decision. This usually results in a new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the time demanding appeals process and usually takes anywhere from one to three years to obtain a new decision.

How much does an attorney charge?

Lawyers can charge a fee if appeal an VA decision regarding a disability claim. The law as it stands today does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. Typically the fees will be paid directly from the lump-sum payments that you receive from the VA.

Veterans may be able locate accredited representatives using the VA's searchable database that lists certified attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of issues such as disability compensation and pension claims.

Most disability advocates for veterans operate on a contingent basis. This means that they only get paid if they win the client's appeal and are awarded back pay from the VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total past due benefit amount.

In rare cases an attorney or agent may decide to charge on an per hour basis. However, this is not the norm due to two reasons. First, these matters are often time consuming and can last for months or even years. In addition, the majority of veterans and their families cannot afford to pay for these services on an hourly basis.