Veterans Disability Litigation

Ken counsels military veterans to help them get the disability benefits they deserve. Ken assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way, according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The amount of monthly monetary compensation provided to hammond veterans disability lawsuit suffering from service-related disabilities is based on their disability rating. This rating is determined by the severity of an injury or illness and can range from 0% and 100% in increments of 10% (e.g. 20% 30 percent, 30 percent, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their family.

VA provides additional compensation through other programs, like individual unemployment allowances for fhoy.kr clothing prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives blue Springs veterans disability Lawyer special credits they can use to boost their lifetime earnings so that they can qualify for retirement or disability benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. Certain of these conditions however require the opinion of an expert. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the evidence needed to support the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans' rights a priority in his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans need to first collect the medical evidence supporting their disability. This includes X-rays, doctor's reports, or other documents related to their condition. It is crucial to provide these documents to the VA. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).

The next step is to submit an intent to file. This form permits the VA to begin reviewing your claim even before you have all the information and medical records that you require. This form also ensures the date you can start receiving your compensation benefits if you are successful in your case.

When all the data is provided When all the information is submitted, the VA will schedule an appointment for you. This will be dependent on the amount and type of disabilities you are claiming. Don't miss this exam because it could delay the process of submitting your claim.

The VA will send you 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 higher level review.

At this stage, a lawyer is able to help you. VA-accredited lawyers can now be involved in appeals from the beginning which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a very frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA why you disagreed with their decision. It is not necessary to list all of the reasons however, you must mention everything you disagree with.

You should also request your C-file, or claims file, so that you can see what evidence the VA used to arrive at their decision. Sometimes there are no or insufficient records. In certain cases this could lead to an error in the rating decision.

If you file your NOD, you'll be asked to decide if you would like your case reviewed by an Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success with the DRO review DRO review than with the BVA.

With a DRO review you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will examine your claim "de de novo" this means they will not accept the previous decision. This usually results in a new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the most lengthy appeals procedure and can take approximately three years to get a new decision.

What is the average cost a lawyer can charge?

A lawyer may charge a fee to help you appeal an VA disability decision. The law currently does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans may be able to locate accredited representatives using the VA's searchable database for accredited attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide spectrum of cases, including pension claims, disability compensation and claims.

Most veterans' disability advocates work on a contingency basis. They only receive compensation when they prevail in their client's appeal and they are also paid back from VA. The amount of backpay granted can differ, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare cases an attorney or agent might decide to charge on an an hourly basis. But, this isn't common for xilubbs.xclub.tw two reasons. First, these situations are usually time-consuming and can drag on for months or even years. The second reason is that many veterans and their families don't afford to pay an hourly fee.