Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. He also represents his 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 demopolis veterans disability law firm by discriminating against their disability claims.

What is an VA Disability?

The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is based on their disability rating. This rating is determined by the severity of the injury or illness and can vary between zero and 100% in increments of 10% (e.g. 20%, 30 percent, etc.). The compensation is not subject to tax and provides a basic 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 are in addition to the basic disability compensation.

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

Code of Federal Regulations lists numerous conditions that 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 client in obtaining an opinion, and also provide the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients get the disability benefits they deserve. We have handled a variety of disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was founded by a disabled veteran who made fighting for veterans rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

Veterans must first find the medical evidence of their impairment. This includes X-rays and doctor's reports, as well any other documentation pertaining to the condition of the veteran. The submission of these records to the VA is very important. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

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

When all the data is in When all the information is submitted, the VA will schedule an examination for you. The VA will set the date for the examination based on the severity of your disability and the type you are claiming. If you fail to attend this test, it could delay the process of your claim.

The VA will send you a decision document when the examinations have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.

A lawyer can help you in this situation. VA-accredited lawyers are now involved in appeals from the beginning which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans can be frustrating. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your notice of disagreement, you must tell the VA the reasons you don't agree with their decision. You don't have to include every reason however, you must mention all the points you disagree with.

You should also request your C-file or claims file to determine what evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. This can sometimes lead to a mistake in the rating.

When you file your NOD you must choose whether you would like to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you will have a greater chance of success with a DRO review than with the BVA.

You can request a private hearing with an expert in senior rating through a DRO review. The DRO will examine your claim "de novo" which means they will not defer to the previous decision. This usually will result in a brand new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the time consuming appeals path and veterans disability law firm typically can take between one and three years to receive a new decision.

How much can a lawyer charge?

Lawyers may charge a fee to help you appeal an VA disability decision. The law currently does not permit lawyers to charge for Veterans Disability assistance with a claim in the beginning. The fee is only due in the event that the lawyer wins your case or increases your benefits through an appeal. Typically the fees will be paid directly from any lump-sum payment you receive from the VA.

Veterans can look through the VA's database of accredited attorneys or claim agents to find accredited representatives. These individuals are accredited by the Department of Veterans Affairs and can represent service members, auburn Veterans Disability lawsuit or dependents in a broad range of matters such as pension and disability compensation claims.

Most disability advocates for veterans are paid on a contingent basis. They only receive compensation when they succeed in winning their client's appeal and also receive back pay from VA. The amount of backpay given can be different, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare instances an attorney or agent might decide to charge on an the hourly basis. But, this isn't common for two reasons. These issues could take months or even years to resolve. In addition, many arkansas city veterans disability lawsuit and their families can't afford an hourly rate.