Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. He also represents his clients at VA Board of lakewood veterans disability lawsuit Appeals Hearings.

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

What is an VA Disability?

The amount of monthly monetary compensation that veterans receive for service connected disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can vary between zero and 100% in increments of 10 percent (e.g. 20% 30, 30 percent, etc.). The compensation is free of tax and winchester veterans Disability lawsuit provides a basic income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the regular disability compensation.

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

A majority of the conditions that qualify veterans for disability compensation are included in the Code of Federal Regulations. However, a few of these conditions require an expert's opinion. An experienced lawyer can help a client obtain this opinion and provide the proof needed to support the claim for disability benefits.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits that they are entitled to. We have handled hundreds of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself in a Board of Winchester Veterans Disability Lawsuit Appeals Hearing and making veterans' rights an important aspect of his work.

How do I submit a claim?

First, veterans must track down the medical evidence to prove their disability. This includes Xrays or doctor's notes, as well with any other documentation that is related to the veteran's condition. It is important to provide these documents to the VA. 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 lets the VA review your claim even before you have all the required information and medical records. It also ensures that you have an date of effective for benefits in the event that you win your case.

When all the data is in When all the information is submitted, the VA will schedule an exam for you. The VA will schedule the exam based on the severity of your disability and the type you are claiming. Don't miss this exam because it could delay the processing of your claim.

Once the tests are complete After the examinations are completed, after the examinations are completed, VA will review the evidence and send you a decision package. If the VA denies your claim, you have one year from the date of the letter to request a higher-level review.

At this stage, a lawyer is able to assist you. Accredited lawyers from VA can be involved in appeals right from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a very frustrating experience. The VA offers an appeals procedure to appeal 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 have to explain to the VA why you are not happy with their decision. It is not necessary to list every reason, but you must list all the points you disagree with.

You should also request your C-file or claims file to determine what evidence the VA used to arrive at their decision. In many cases, there are missing or insufficient records. In certain cases it could lead to an error in the rating decision.

When you submit your NOD, it will be asked to decide if you would like your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will be more likely to have success when you opt for a DRO review than with the BVA.

You can request a private hearing with an expert in senior rating through a DRO review. The DRO will conduct a review of your claim on an "de novo" basis, which means that they don't give deference the previous decision. This usually results in a new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and it can take approximately three years to get an appeal to be heard.

What is the cost an attorney could charge?

A lawyer can charge a fee to assist you appeal an VA decision regarding a disability claim. The law as it stands today does not allow lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee must be dependent on the lawyer prevailing in your case, or having your benefits increased through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans are able to search the database of accredited attorneys or claim agents to locate accredited representatives. They have been vetted by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors in a variety of issues including pension and disability compensation claims.

Most veterans' disability advocates are paid on an hourly basis. This means that they only get paid if they are successful in winning the client's appeal and receive back payment from the VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's total past due benefit amount.

In rare cases attorneys or agents may decide to charge on an the hourly basis. This is rare for two reasons. First, these issues are often time consuming and can drag on for months or even years. Second, most veterans and their families can't afford to pay on an hourly basis.