Veterans Disability Litigation

Ken counsels military veterans to help them get the disability compensation they deserve. He also represents his 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 decades against Black veterans by denial of their disability claims.

What is what is VA Disability?

The amount of monthly monetary compensation paid to veterans with service-related disabilities is determined on their disability rating. This rating is based on the severity of the illness or injury and can range from 0% to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is free of tax and provides a basic source of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation like individual unemployment, auto allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.

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

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. However, certain conditions require an expert's opinion. A seasoned veteran attorney can help a customer obtain this opinion, and [empty] supply 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 helping 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 established in 1996 by a disabled veteran who after having successfully represented himself at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.

How do I make a claim?

First, laredo veterans disability law firm (https://vimeo.com/) need to find the medical evidence supporting their impairment. This includes X-rays and doctor's reports, as with any other documentation that is related to the condition of the veteran. Providing these records to the VA is vital. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to make an intent to file. This form permits the VA to review your claim even before you have all the medical records that you require. It also protects your effective date for compensation benefits when you win your case.

When all the information is in when all the information is in, the VA will schedule an exam for you. This will depend on the type and number of disabilities you are claiming. Make sure you take this exam, as If you don't and fail to take it, it could hinder your claim.

Once the tests are complete, after the examinations are completed, VA will examine the evidence and give you a confirmation packet. If the VA refuses to accept the claim you'll have a year to request a higher level review.

A lawyer can be of assistance at this point. VA-accredited lawyers 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?

A denial of veterans disability benefits can be a difficult experience. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement, you must inform the VA why you are not happy with their decision. You don't need to list every reason, but you must be clear about the issues you don't agree with.

You must also request a C-file or claims file to determine the evidence that the VA used to arrive at their decision. Often times there are no or incomplete records. This can result in an error in the rating.

After you have submitted your NOD, you'll be asked to select whether you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success if the DRO examines your case than when it's reviewed by BVA.

You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will conduct an examination of your claim on an "de novo" basis, which means that they don't give deference the previous decision. This usually results in the issue of a new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the most lengthy appeals process and can take up to three years before you receive an update on the decision.

How much can a lawyer charge?

A lawyer may charge a fee for helping you appeal a VA disability decision. However, the law currently prohibits lawyers from charging for assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans may be able identify accredited representatives by using the VA's searchable database that lists certified attorneys or claims agents. They have been vetted by the Department of monmouth veterans disability law firm Affairs to represent veterans, service members and their dependents as well as survivors on a range of issues such as disability compensation and بالنقر هنا pension claims.

The majority of veterans' disability advocates are paid on a contingent basis. They only receive compensation when they prevail in their client's appeal and they also receive back pay from VA. The amount of backpay that is awarded can vary but it could be as high as 20 percent of a claimant's past due benefits.

In rare instances lawyers or agents may choose to charge an hourly rate. This isn't often the case due to two reasons. These matters can take months or even years to be resolved. Second, most veterans and their families are unable to afford to pay for these services on an hourly basis.