Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability compensation they are entitled to. He is also a lawyer for his clients at VA Board of ephraim veterans disability lawyer Appeals Hearings.

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

What is a VA disability?

The amount of monthly monetary compensation that veterans receive for service connected disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can vary from 0% to 100% in 10% increments (e.g., 20 percent, 30%, etc.). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance and prestabilization and hospitalization 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 London Veterans Disability Lawsuit special credits to boost their retirement or disability benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. Certain of these conditions however require an expert's advice. An experienced lawyer can help a customer obtain this opinion, and provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients receive the benefits they're entitled to. We have handled a variety of disability cases and are conversant with the intricacies of VA regulations and laws. 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 submit a claim?

Veterans must first find the medical evidence to prove their impairment. This could include X-rays, doctor's reports, as well with any other documentation that is related to the veteran's condition. It is important to provide these records to VA. If a veteran doesn't have these documents, the VA must be informed by the claimant (or their VSO).

The next step is to make an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. It also ensures that you have an effective date for receiving compensation should you prevail in your case.

If all the required information is submitted when all the information is in, the VA will schedule an appointment for you. This will be dependent on the type and number of disability you claim. Attend this exam as missing it could delay the process of your claim.

After the examinations are completed, the VA will examine the evidence and then send you a decision package. If the VA decides to deny the claim, you will have one year to request a more extensive review.

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

How do I appeal a denial?

Denial of veterans disability benefits can be a gruelling experience. The VA provides an appeals procedure to appeal these decisions. The first step is to send the Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disparage, you should tell the VA why you are not happy with their decision. It is not necessary to list every reason, but you must state all the issues that you don't agree with.

You should also request your C-file, or claims file, so that you can determine what evidence the VA used to arrive at their decision. Most of the time there are missing or insufficient records. This can lead to an error in the rating.

When you submit your NOD, you'll be asked to choose whether you want your case reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a greater chance of success when you opt for the DRO review DRO review than with the BVA.

When you request an DRO review you can request an individual hearing with a senior rating specialist. The DRO will examine your claim "de novo" which means they will not be influenced by the previous decision. This usually results in an entirely new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the most lengthy appeals process, and it could take up to three years to reach an update on the decision.

What is the cost an attorney could charge?

A lawyer can charge a fee for assisting you appeal an VA disability decision. But, current law prohibits lawyers from charging for assistance in a claim. This is because the fee has to be contingent upon the lawyer winning your case or having your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans can search the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or dependents in a vast variety of cases, including pension claims and disability compensation claims.

Most veterans' disability advocates work on a contingency basis. They only get paid when they prevail in their client's appeal and they also receive back pay from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's past-due benefit award.

In rare cases attorneys or agents may decide to charge on an per hour basis. However, this is not the norm due to two reasons. First, these issues are often time consuming and can drag on for months or even years. Second, most veterans and their families can't afford to pay for these services on an hourly basis.