Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they deserve. He also represents clients at VA Board of veterans disability compensation Appeals hearings.

The Department of veterans disability settlement Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims, according to 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 given to veterans disability attorneys with service connected disabilities is based on their disability rating. This rating is based on the severity of the illness or injury and can range from 0% up to 100 percent in increments of 10% (e.g., 20%, 30% etc). The compensation is exempt from tax and provides a basic income to the disabled veteran and his family.

VA provides additional compensation through other programs, for example individual unemployment allowances for Veterans Disability Litigation clothing prestabilization and hospitalization, automobile allowances, and hospitalization allowances. These are in addition to the basic 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 allow veterans for disability compensation are described in the Code of Federal Regulations. Certain of these conditions, however require an expert's opinion. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence needed to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits that they deserve. We have handled thousands of disability cases and we are well-versed with the complexities of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans' rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I claim a benefit?

The first step is to track down the medical evidence that supports their impairment. This includes Xrays or doctor's reports as well as any other documentation related to the condition of the veteran. It is essential to submit these documents to the VA. 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 the filing of an intent to file. This form lets the VA examine your claim even before you have the necessary information and medical records. This form also protects the date of effective compensation benefits if you win your case.

The VA will schedule your exam once all of the information has been received. This will be dependent on the quantity and type of disabilities you are claiming. Be sure to take the exam, since if you miss it, it could delay your claim.

The VA will send you a decision package when the examinations have been completed. If the VA rejects 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. Accredited lawyers from VA can be involved in the appeals right from the beginning, which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans disability lawyer can be extremely frustrating. Thankfully that the VA has an appeals procedure for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you should list all the points you don't agree with.

You should also request your C-file, or claims file, to determine what evidence the VA used to arrive at their decision. There are often incomplete or missing data. In some instances, this can lead to an error Veterans Disability Litigation in the rating decision.

When you file your NOD, you'll 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 will have a greater chance of success with a DRO review than with the BVA.

You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will review your claim "de de novo", meaning that they will not rely on the previous decision. This usually results in the issue of a new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the time demanding appeals process and usually takes one to three years for a new decision.

What is the average cost a lawyer can charge?

A lawyer can charge a fee for helping appeal the VA decision regarding an appeal for disability. However, current law prevents lawyers from charging fees for assistance in the case. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. Typically the fees will be paid out of any lump-sum payment you receive from the VA.

Veterans may be able find accredited representatives through the VA's searchable database of accredited attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or their dependents in a wide range of issues that include pension claims and disability compensation claims.

The majority of veterans' disability advocates are paid on a contingency basis. They only receive compensation when they are successful in defending their client's case, and they are also paid back from VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total benefit.

In rare cases, an agent or attorney may decide to charge an the hourly basis. However, this is not the norm for two reasons. These matters can take months or even years to resolve. In addition, many veterans and their families cannot afford an hourly fee.