Veterans Disability Litigation

Ken counsels military veterans to help them get the disability compensation they are entitled to. He also represents clients at VA Board of Jeanerette veterans Disability lawyer Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by discriminating against their disability claims as per 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 sioux falls veterans disability lawsuit who have service-connected disabilities. The rating is determined by the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credit that they can use to increase their lifetime earnings to qualify for fairview veterans disability Lawyer retirement or disability benefits. These extra credits are referred to as "credit for service."

Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. However, certain conditions require an expert's opinion. A seasoned veteran attorney can assist a client obtain this opinion, and supply the necessary evidence to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to ensuring that our clients receive the disability benefits that they deserve. We have handled a variety of disability cases and are well-versed with the complexities of VA laws and procedures. 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 make a claim?

The first step is to locate the medical evidence for their disability. This includes X-rays and doctor's reports, or other documents regarding their health. It is important to provide these records to VA. If a veteran doesn't have these documents and the VA must be informed by the applicant (or their VSO).

The next step is to file an intent to file. This form permits the VA to begin reviewing your claim even before you have all the information and medical records you need. It also ensures that you have an date of eligibility for compensation benefits if you win your case.

When all the information is received when all the information is in, the VA will schedule an appointment for you. This will depend on the quantity and type of disabilities you are claiming. Make sure that you take this exam, as if you miss it this could affect your claim.

The VA will send you a decision-making package when the examinations have been completed. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.

At this point, a lawyer can help you. Lawyers who are accredited by VA can now be involved in the appeals 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. Thankfully that the VA has an appeals process for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't have to list every reason, but you must be clear about the issues you don't agree with.

It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. Most of the time, there are missing or insufficient records. This can sometimes lead to a mistake in the rating.

When you file your NOD, you'll be asked if you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO examines your case than if it's viewed by 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 novo", meaning that they will not defer to the previous decision. This typically results in an entirely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the most lengthy appeals process and it can take up to three years before you receive an update on the decision.

How much will a lawyer charge?

A lawyer can charge a fee to assist appeal a VA decision on the basis of disability. However, current law prohibits lawyers from charging for assistance in the case. This is due to the fact that the fee must be dependent on the lawyer winning your case or getting your benefits increased through an appeal. Typically the fees are paid out of any lump-sum payments you receive from the VA.

Veterans are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a variety of issues including pension and disability compensation claims.

The majority of veterans' disability advocates are paid on a contingent basis. This means that they are only paid if they prevail in the client's appeal and receive back payments from the VA. The amount of back pay that is given varies, but it can be as much as 20 percent of the claimant's total benefits.

In rare instances lawyers or agents might decide to charge an hourly rate. However, this is not the norm due to two reasons. These matters can take a long time to resolve. Additionally, many veterans and their families are unable to afford to pay an hourly fee.