Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they deserve. Ken also represents clients in 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 Download free decades against Black veterans by discriminating against their disability claims.

What is an VA disability?

The disability rating determines the amount of monthly compensation paid to adel veterans disability lawyer with service-connected disabilities. This rating is based upon the severity of the injury or illness and can range from zero and 100% in increments of 10% (e.g. 20% 30, 30 percent, etc.). The compensation is free of tax and provides a minimum income to the disabled veteran and his family.

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

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

Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. However, certain conditions require an expert's advice. A veteran lawyer with experience can assist a client in obtaining an opinion, and also provide the evidence required to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they are entitled to. We have handled hundreds of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans' rights a top priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first locate the medical evidence that proves their disability. This includes X-rays and doctor's reports or any other documentation that relate to their medical condition. It is essential to submit these records to VA. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).

The next step is a filing of an intention to file. This is a form that permits the VA to review your claim even before you have all the medical records that you require. This form also preserves the date on which you will receive your compensation benefits in the event you are successful in your case.

Once all the information is provided when all the information is in, the VA will schedule an exam for you. This will be dependent on the number and type of disabilities you are claiming. If you fail to attend this test, it could delay the process of your claim.

Once the examinations are complete after which after the examinations are completed, VA will examine the evidence and give you a decision package. If the VA decides to deny the claim, you will have one year to request a more thorough review.

A lawyer can be of assistance at this point. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of dumont veterans disability lawyer disability benefits can be a difficult experience. Thankfully that the VA has an appeals process for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement you should state to the VA why you are not happy with their decision. You don't have to list every reason, but you must mention all the aspects you disagree with.

You must also request a C-file, or claims file, so that you can see the evidence that the VA used to arrive at their decision. There are usually incomplete or missing records. In some instances it could lead to an error in the rating decision.

When you submit your NOD you must choose whether you would like to have your case considered 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 a DRO review than with the BVA.

When you request the DRO review, you can request an individual hearing with an experienced senior rating specialist. The DRO will conduct an examination of your claim on the basis of a "de de novo" basis, meaning they don't give deference the previous decision. This usually results in a completely new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the most time consuming appeals path and typically takes anywhere from one to three years to get an updated decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee to assist appeal the VA decision on the basis of disability. The law in place today does not allow lawyers to charge fees for assistance with a claim in the beginning. This is because the fee must be contingent on the lawyer winning your case or having your benefits increased through an appeal. Typically the fees are paid out of any lump-sum payment you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database that lists certified attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of matters including disability compensation and pension claims.

The majority of veterans' disability advocates are paid on a contingency basis. They only receive compensation when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay paid can vary, but it can be as high as 20 percent of the claimant's past due benefits.

In rare instances, an agent or attorney might decide to charge on an an hourly basis. However, this is not the norm for two reasons. First, these matters are often time consuming and can take months or even years. Second, many veterans and their families cannot afford to pay an hourly fee.