Veterans Disability Litigation

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

The Department of Veterans Affairs discriminated against Black veterans for 31.biqund.com a long time by disproportionately rejecting their disability claims in a lawsuit filed last week by Yale Law School's oakland veterans disability law firm Legal Services Clinic.

What is a VA disability?

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

VA offers additional compensation through other programs, like individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These are in addition to 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 disability or retirement benefits. These extra credits are known 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 advice. An experienced lawyer can assist a customer in obtaining an opinion, and also provide the evidence needed to support an claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients obtain the disability benefits they are entitled to. We have handled hundreds of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself in an appeals hearing before the Board of antioch veterans disability lawyer Appeals Hearing, made veterans' rights an important aspect of his work.

How do I file a claim?

First, veterans need to locate the medical evidence supporting their impairment. This includes X-rays, doctor's reports, or other documents related to their health. Making these records available to the VA is essential. If a veteran doesn't have these documents and the VA must be informed by the claimant (or their VSO).

The next step is to submit an intent to file. This form allows the VA review your claim even before you have the proper information and medical records. It also preserves your date of eligibility for compensation benefits should you prevail in your case.

The VA will schedule your exam when all information is received. It will depend on the type and number of disability you claim. Don't miss this exam because it could delay the processing of your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA decides to deny the claim, you will have one year to request a more thorough review.

A lawyer can assist you in this situation. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a an enormous benefit to those who seek disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a gruelling experience. Fortunately, 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 the reasons you don't agree with their decision. You don't have to include all the reasons but you should include everything that you disagree on.

It's also important to request your C-file (claims file) so that you can review the evidence that the VA used to make 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, you'll be asked if you would like your case reviewed either 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 if it's viewed by the BVA.

If you are subject to a DRO review you have the option of requesting an individual hearing with a senior rating specialist. The DRO will review your claim "de de novo" which means they will not defer to the previous decision. This usually results in an entirely new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most time consuming appeals path and typically can take between one and three years to get a new decision.

How much does a lawyer charge?

Lawyers may charge a fee to assist you appeal a VA disability decision. But, current law prohibits lawyers from charging for initial assistance when submitting a claim. This is due to the fact that the fee has to be contingent on the lawyer winning your case, or having your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans may locate accredited representatives using the VA's searchable database for accredited attorneys or claims representatives. They have been vetted by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a variety of matters including pension and disability compensation claims.

Most veterans' disability advocates are paid on an ad-hoc basis. They only get paid when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay granted varies, but could be as high as 20 percent of the claimant's total benefits.

In rare cases an attorney or agent could decide to charge an hourly fee. But, this isn't common due to two reasons. First, these situations tend to be time-consuming and can take months or even years. In addition, the majority of Daleville veterans disability lawsuit and their families can't afford to pay on an hourly basis.