Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability benefits they deserve. He is also a lawyer for his clients at VA Board of old tappan veterans disability lawyer Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The amount of monthly monetary compensation paid to cudahy veterans disability lawsuit with service-related disabilities is based on their disability rating. The rating is based on the severity of an illness or injury and may range between zero and 100% in increments of 10% (e.g. 20% 30, 30%, xilubbs.xclub.tw etc.). The compensation is free of tax and provides a basic amount 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 hospitalization and prestabilization benefits. These benefits 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 credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. However, a few of these circumstances require an expert's opinion. An experienced veteran attorney can assist a client in obtaining this opinion, and supply the evidence required to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients obtain the benefits they're entitled to. We have handled thousands disability cases and are well-versed with the intricacies of VA rules and regulations. Our firm was founded by a disabled veteran who made fighting for veterans' rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I claim a benefit?

Veterans must first locate the medical evidence supporting their impairment. This includes X-rays or doctor's reports, as in any other documentation related to the condition of the veteran. It is important to provide these records to VA. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This form allows the VA to begin reviewing your claim even before you have all the information and medical records you need. It also protects your effective date for receiving compensation when you win your case.

The VA will schedule your medical exam when all information has been received. The VA will schedule the exam according to the number of disabilities and the type you claim. Make sure that you take this exam, as if you miss it, it could delay your claim.

The VA will provide you with a decision package once the examinations have been completed. If the VA decides to deny the claim, you have a year to request a higher-level review.

At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, xilubbs.xclub.tw which is a huge benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a frustrating experience. The VA offers an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you must inform the VA the reason you don't like their decision. It is not necessary to list every reason, but you must state all the issues that you disagree with.

It is also essential to request your C-file (claims file) to see the evidence the VA used in making their decision. In many cases there are gaps or insufficient records. In some cases this could result in an error in the rating decision.

When you file your NOD you will need to decide if you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

When you request an DRO review you have the option of requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct the review of your claim on the basis of a "de de novo" basis, meaning they will not give any deference to the previous decision. This typically will result in a brand new Rating Decision. You may also opt to have the BVA in Washington review your claim. This is the time demanding appeals process and usually can take between one and three years to obtain a new decision.

What is the cost an attorney could charge?

Lawyers can charge a fee for helping you appeal an VA decision on the basis of disability. But, current law prohibits lawyers from charging for assistance in the case. This is because the fee is dependent on the lawyer winning your case, or getting your benefits increased through an appeal. Typically the fees are directly derived from any lump-sum payment you receive from the VA.

Veterans can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or dependents in a vast range of issues such as pension claims, disability compensation and claims.

Most veterans' disability advocates are paid on an ad-hoc basis. This means that they will only be paid if they are successful in winning the appeal of the client and receive back payment from the VA. The amount of backpay that is paid can vary however it could be as high as 20 percent of a claimant's past-due benefits.

In rare instances lawyers or agents might choose to charge an hourly fee. This is not common due to two reasons. First, these issues are often time consuming and can take months or even years. The second reason is that most veterans and their families are unable to afford to pay for these services on an hourly basis.