Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. He also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Forest Grove pullman veterans disability attorney Disability Law Firm (Vimeo.Com) Affairs discriminated against Black veterans for marlow veterans Disability law firm decades by disproportionately rejecting their disability claims, according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

The amount of monthly monetary compensation given to veterans with service connected disabilities is based on their disability rating. This rating is based upon the severity of an injury or illness and can range from zero and 100% in increments of 10% (e.g. 20% 30%, 20%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.

The VA also offers other programs that offer additional compensation, such as individual unemployment, auto allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credits they can use to boost their earnings over time to qualify for retirement or disability benefits. These additional credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. Certain of these conditions however, require an expert's opinion. A veteran lawyer with experience can assist a customer in obtaining this opinion, and supply the evidence required to prove the claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to ensuring that our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and lander veterans disability Lawsuit are proficient in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.

How do I file a claim?

First, veterans must find the medical evidence that supports their impairment. This includes X-rays or doctor's notes, as well with any other documentation that is related to the veteran's condition. It is essential to submit these records to VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to file an intent to file. This form allows the VA review your claim even before you have the necessary information and medical records. It also protects your date of effective for benefits if you win your case.

When all the data is provided after all the information has been received, the VA will arrange an examination for you. This will be dependent on the type and number of disability you claim. Attend this exam as missing it could delay the processing of your claim.

After the examinations are completed, the VA will examine the evidence and give you a decision package. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.

At this moment, a lawyer could assist you. VA-accredited lawyers are now involved in appeals right from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be a source of frustration. Thankfully, the VA has an appeals procedure for these decisions. The first step is to send an Notice of Disagreement to the VA regional office that sent you the Rating decision. In your notice of disagreement, you must tell the VA why you are not happy with their decision. You don't need to list every reason but you should list everything you disagree with.

You should also request your C-file or claims file to determine what evidence the VA used to reach their decision. Sometimes, there are missing or insufficient records. This could lead to an error in the rating.

After you have submitted your NOD, you'll be asked to decide if you want your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a private hearing with an expert in senior rating through an DRO review. The DRO will conduct an examination of your claim on a "de novo" basis, which means that they do not give deference to the previous decision. This usually results in a totally new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the time lengthy appeals procedure and typically takes anywhere from one to three years to get an updated decision.

What is the average amount an attorney can charge?

A lawyer may charge a fee if you appeal the VA decision regarding the basis of disability. However, current law prevents lawyers from charging fees to assist with a claim. The fee is only due when the lawyer wins your case or increases your benefits by filing an appeal. Typically, these fees will be paid out of any lump-sum payment you receive from the VA.

Veterans can look through the VA's database of accredited attorneys or claim agents to locate accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent harrington park veterans disability lawyer, service members and their dependents as well as survivors on a range of issues including disability compensation and pension claims.

Most disability advocates for veterans operate on a contingent basis. They only get paid when they win their client's appeal, and also receive back pay from VA. The amount of backpay that is paid can vary but it could be as high as 20 percent of the claimant's past-due benefits.

In rare instances attorneys or agents may decide to charge an per hour basis. However, this is uncommon for two reasons. These matters can take months or years to be resolved. In addition, the majority of veterans and their families are unable to afford to pay on an hourly basis.