Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they are entitled to. Ken also represents his 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 st paul park veterans disability attorney by denial of their disability claims.

What is what is VA disability?

The amount of monetary compensation per month given to veterans with service-related disabilities is based on their disability rating. The rating is determined by the severity of the illness or injury and can vary from 0% to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their family.

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

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

Many of the conditions that make a veteran for disability compensation are listed in the Code of Federal Regulations. However, certain circumstances require an expert's opinion. An experienced lawyer can assist a client to obtain this opinion and provide the proof needed to prove an application for disability compensation.

Sullivan & Kehoe is experienced in representing beaverton veterans disability attorney with disabilities claims and maps.google.com.co appeals. We are committed to helping our clients get the disability benefits they deserve. We have handled thousands of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights a priority for his practice.

How do I file a claim?

Veterans need to first collect the medical evidence of their disability. This includes Xrays, doctor's reports, or other documents that relate to their medical condition. Giving these records to VA is very important. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to fill out an intent to file. This form lets the VA to review your claim before you have the necessary information and medical records. This form also ensures the date you can start receiving your compensation benefits in the event you have a successful case.

If all the required information is in after all the information has been received, the VA will arrange an examination for you. The VA will schedule an exam in accordance with the number of disabilities and the type you claim. If you fail to attend this test, it could delay the process of your claim.

The VA will send you a decision-making package once the examinations have been completed. If the VA decides to deny the claim, you'll have one year to request a higher level review.

At this moment, a lawyer could help you. Lawyers who are accredited by VA can now be involved in the appeals from the beginning which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be frustrating. Thankfully the VA has an appeals procedure for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you should tell the VA the reasons you don't agree with their decision. You don't have to list every reason, but you must mention all the aspects you don't agree with.

It is also essential to request your C-file (claims file) so you can see the evidence the VA used to make their decision. Most of the time there are gaps or incomplete records. This can sometimes lead to a mistake in the rating.

If you file your NOD, you'll be asked to choose whether you would like your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success if the DRO reviews your case than when it's reviewed by the BVA.

You can request a private hearing with an expert in senior ratings through an DRO review. The DRO will review your claim "de de novo" which means they will not be influenced by the previous decision. This usually results in an entirely new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the most lengthy appeals process and can take up to three years before you receive an appeal to be heard.

How much can an attorney charge?

A lawyer can charge a fee to help you appeal a VA disability decision. The law as it stands today does not permit lawyers to charge for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer winning your case, or having your benefits increased through an appeal. Typically, these fees will be paid directly out of the lump-sum payments that you receive from the VA.

Veterans may identify accredited representatives by using the VA's searchable database that lists licensed attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, tigard veterans disability attorney or their dependents on a range of issues such as disability compensation and pension claims.

The majority of veterans' disability advocates are paid on an hourly basis. This means that they are only paid if they prevail in the client's appeal and receive back payments from the VA. The amount of back pay that is given varies, but it can be as much as 20 percent of the claimant's total past-due benefit award.

In rare instances lawyers or agents might choose to charge an hourly rate. This is rare for two reasons. These matters could take months or even years to be resolved. In addition, the majority of veterans and [empty] their families are unable to afford to pay for these services on an hourly basis.