Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. Ken also represents his clients at VA Board of Veterans Appeals Hearings.

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

What is a VA Disability?

The disability rating determines the amount of monthly compensation paid to green veterans disability attorney with service-related disabilities. The rating is based on the severity of an injury or illness and may range between 0% and 100% in increments of 10 percent (e.g. 20% 30, 30%, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their families.

The VA also has other programs that provide additional compensation such as individual unemployability, automobile allowance, clothing allowance and prestabilization and hospitalization benefits. 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 lifetime earnings for danielson veterans disability attorney retirement or disability benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. Some of these conditions, however, require an expert's opinion. An experienced lawyer can help a customer obtain this opinion, and supply the evidence required to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to ensuring that our clients receive the disability benefits that they are entitled to. We have handled thousands disability cases and are well-versed with the intricacies of VA rules and regulations. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself at an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights a priority for his practice.

How do I file a claim?

Veterans must first gather the medical evidence supporting their disability. This includes X-rays and doctor's notes or other evidence that relate to their medical condition. It is essential to submit these documents to the VA. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intention to file. This form permits the VA to begin reviewing your claim before you have all the information and medical records required. This form also preserves the effective date of your compensation benefits in case you win your case.

The VA will schedule your exam after all the details have been received. The VA will schedule an exam in accordance with the number of disabilities and the type you are claiming. In the event that you do not attend this exam, 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'll have one year to request a higher level review.

At this point, a lawyer can assist you. Lawyers who are accredited by VA can now be involved in the appeals right from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans can be frustrating. 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 should state to the VA why you disagreed with their decision. You don't have to include all of the reasons however, you must mention everything that you disagree on.

It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. There are usually incomplete or missing records. In some cases this could result in an error in the rating decision.

If you submit your NOD you must choose whether you prefer to have your situation considered by a Decision Review Officer or xilubbs.xclub.tw by the Board of Veterans Appeals. In general you'll have a higher chance of success when the DRO examines your case than if it's reviewed by the BVA.

You can request a private hearing with a senior rating expert via an DRO review. The DRO will examine your claim "de novo", meaning that they will not be influenced by the previous decision. This usually results in a totally new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most lengthy appeals process, and it could take approximately three years to get an update on the decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee to help appeal a VA decision on a disability claim. The law in place today does not allow lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee must be dependent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans can use the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and are able to represent service members, veterans or their dependents in a wide range of issues including pension claims, disability compensation and claims.

Most veterans' disability advocates are paid on an hourly basis. They only get paid when they win their client's appeal, and also receive back pay from VA. The amount of backpay awarded can vary, but it can be as high as 20 percent of the claimant's past due benefits.

In rare instances, an agent or attorney may choose to charge on per hour basis. But, this isn't common for two reasons. These issues can take months or years to be resolved. The second reason is that many veterans and their families are unable to afford to pay an hourly rate.