Veterans Disability Litigation

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

According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week The Department of Veterans Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.

What is what is VA disability?

The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is determined on their disability rating. This rating is based on the severity of the illness or http://125.141.133.9/ injury and can be as low as 0% and up to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.

The VA also offers other programs that offer additional compensation like the individual unemployed, the automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credit to boost their lifetime earnings for disability or retirement benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. Certain of these conditions however, require an expert's opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the evidence needed to support an application for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients to receive the benefits they're entitled to. We have handled thousands of disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled vet who, after successfully representing himself at a Board of Veterans Appeals Hearing, made veterans' rights an integral part of his practice.

How do I make a claim?

Veterans must first gather the medical evidence supporting their disability. This could include X-rays, doctor's reports, as well any other documentation pertaining to the condition of the veteran. It is vital to provide these records to VA. If a veteran does not have these documents and the VA must be informed by the claimant (or their VSO).

The next step is the filing of an intent to file. This form lets the VA review your claim even before you have the proper information and medical records. The form also keeps the date of effective compensation benefits in the event that you have a successful case.

The VA will schedule your appointment after all the information is received. The VA will schedule an exam according to the amount of disabilities you have and the type 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 document after the tests have been completed. If the VA rejects the claim, you'll have a year to request a higher level review.

At this point, a lawyer can help you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a an enormous benefit to those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans can be frustrating. Fortunately, the VA has an appeals process for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement, you should explain to the VA why you were dissatisfied with their decision. You don't need to list all of the reasons but you should include everything you disagree with.

It's also crucial to request your C-file (claims file) so that you can view the evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. This could lead to a mistake in the rating.

When you submit your NOD, it will be asked to select whether you would like your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success if the DRO examines your case than when it's reviewed by BVA.

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

What is the average amount an attorney can charge?

A lawyer may charge a fee to help appeal the VA decision on an appeal for disability. But, current law prohibits lawyers from charging for initial assistance in a claim. This is due to the fact that the fee is dependent on the lawyer prevailing in your case or getting your benefits increased by an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans may find accredited representatives through the VA's searchable database that lists licensed attorneys or New jersey Veterans disability law firm claims agents. These individuals have been certified by the Department of veterans disability attorney Affairs to represent service members, veterans and their dependents or survivors in a variety of matters including disability compensation and pension claims.

The majority of veterans' disability advocates are paid on an hourly basis. They only get paid when they succeed in winning their client's appeal and they receive back pay from VA. The amount of backpay awarded can vary but it could be as high as 20 percent of a claimant's past-due benefits.

In rare instances, an agent or attorney might decide to charge on an an hourly basis. This is not common due to two reasons. These issues can take months or years to resolve. In addition, many veterans and their families don't afford to pay an hourly fee.