Veterans Disability Litigation

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

The Department of hobbs veterans disability attorney Affairs discriminated against Black veterans for a long time by discriminating against their disability claims, according to a 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 payments to veterans with service-related disabilities. This rating is determined by the severity of an injury or illness and can vary between zero and 100% in increments of 10% (e.g. 20% 30, 30 percent, etc.). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.

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

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

A majority of the conditions that make disabled veterans for disability benefits are included in the Code of Federal Regulations. However, some of these conditions require an expert's opinion. An experienced lawyer can help a client obtain this opinion and provide the evidence needed to prove the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to ensuring that our clients obtain the disability benefits that they deserve. We have handled thousands of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself in a Board of Veterans Appeals Hearing in 1996, decided to make cedar rapids veterans disability lawyer' rights the top priority in his practice.

How do I submit a claim?

Veterans need to first collect the medical evidence of their impairment. This includes X-rays or doctor's reports, as well as any other documentation related to the condition of the veteran. Making these records available to the VA is vital. If a veteran does not have these documents, the VA should be notified by the claimant (or their VSO).

The next step is the 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. It also keeps your effective date for compensation benefits if you win your case.

If all the required information is provided When all the information is submitted, the VA will schedule an examination for you. This will depend on the number and type of disability you claim. Make sure you take the exam, since in the event you fail to take it this could affect your claim.

After the examinations are completed after which after the examinations are completed, VA will review the evidence and send you a decision-making packet. If the VA denies the claim, you'll have one year to request a higher-level review.

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

How do I appeal a denial?

A denial of disability benefits can be a difficult experience. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement you must inform the VA the reasons you don't agree with their decision. You don't have to list all the reasons but you should include everything that you disagree on.

It is also essential to request your C-file (claims file) so you can see the evidence the VA used in making their decision. There are often incomplete or missing records. In some instances this could result in an error in the rating decision.

When you submit your NOD it is up to you to decide if would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a better chance of success when you opt for a DRO review than with the BVA.

In the event of a DRO review, you have the option of requesting an individual hearing with an experienced senior rating specialist. The DRO will conduct a review 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 may also opt to request that the BVA in Washington review your claim. This is the longest demanding appeals process and usually takes anywhere from one to three years to receive an updated decision.

How much can an attorney charge?

A lawyer may charge a fee if appeal an VA decision on the basis of disability. However, current law prevents lawyers from charging for assistance in a claim. This is because the fee must be contingent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans may be able find accredited representatives via the VA's searchable database of licensed attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of matters such as disability compensation and pension claims.

Most disability advocates for veterans are paid on an ad-hoc basis. They only get paid when they win their client's appeal, and they are also paid back from VA. The amount of backpay that is given can be different, Vimeo.com but it can be as high as 20 percent of a claimant's past due benefits.

In rare cases an attorney or agent could decide to charge an hourly rate. This is uncommon due to two reasons. These matters can take months or years to resolve. In addition, strikez.awardspace.info many veterans and their families can't afford to pay an hourly fee.