Veterans Disability Litigation

Ken counsels military veterans to help them get the disability compensation they deserve. He also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by discriminating against their disability claims, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The disability rating determines the amount of monthly payments to oconto veterans disability lawsuit who have service-connected disabilities. The rating is determined by the severity of the injury or illness and can range from 0% to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their families.

VA provides additional compensation through other programs, including individual unemployment, clothing allowances prestabilization and hospitalization car allowances, 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 retirement or disability benefits. These additional credits are referred to as "credit for service."

A majority of the conditions that can qualify a veteran for disability compensation are listed in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A veteran lawyer with experience can help a customer obtain this opinion and provide the evidence needed to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients to receive the disability benefits they deserve. We have handled thousands of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans' rights a key part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

First, veterans must track down the medical evidence to prove their impairment. This includes X-rays or doctor's notes, as well any other documentation pertaining to the veteran's condition. Providing these records to the VA is crucial. If a veteran does not have these documents then the VA must be informed by the applicant (or their VSO).

The next step is to make an intent to file. This form allows the VA to review your claim even before you have all the information and medical records that you require. This form also protects the date on which you will receive your compensation benefits if you succeed in your claim.

Once all the information is submitted after all the information has been received, the VA will arrange an examination for you. The VA will set the date for the examination according to the number of disabilities as well as the type you are claiming. Don't miss this exam because it could delay the process of your claim.

The VA will send you a decision package after the tests have been completed. If the VA denies your claim you have one year from the date of the letter to request a more thorough review.

A lawyer can help you in this situation. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a hugely beneficial to those who seek disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a frustrating experience. Thankfully the VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement you have to tell the VA why you disagree with their decision. You don't have to include all of the reasons but you should include everything you disagree with.

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

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

With an DRO review you have the option of asking for an individual hearing before a senior rating specialist. The DRO will conduct an investigation of your claim on a "de novo" basis, which means they don't give deference the previous decision. This typically results in the issue of a new boston veterans disability lawsuit Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the time demanding appeals process and [Redirect-302] usually takes anywhere from one to three years to obtain an updated decision.

How much does a lawyer charge?

Lawyers can charge a fee to help appeal the VA decision regarding an appeal for disability. The law currently does not allow lawyers to charge fees for initial assistance in a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits through an appeal. Typically these fees are paid out of the lump-sum payments that you receive from the VA.

Veterans can use the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors on a range of issues including pension and disability compensation claims.

Most omak Veterans disability lawyer' disability advocates operate on a contingent basis. This means that they are only paid if they prevail in the appeal of the client and get back payment from the VA. The amount of back pay that is granted varies, but could be as high as 20 percent of the claimant's total benefits.

In rare instances, an agent or lawyer might choose to charge an hourly rate. This is uncommon due to two reasons. These issues can take months or even years to resolve. The second reason is that most veterans and their families are unable to afford to pay for these services on an hourly basis.