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Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black Daly City veterans disability lawyer for decades by disproportionately rejecting their disability claims in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have service-connected disabilities. The rating is based on the severity of an injury or illness and may range between zero and 100% in increments of 10% (e.g. 20 percent 30, 30%, etc.). The amount is devoid of tax and provides a basic amount of income to the disabled veteran and his family.

VA provides additional compensation through other programs, for example individual unemployment, clothing allowances as well as prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the basic disability compensation.

In addition to these benefit programs, in addition, the Social Security Administration gives military simi valley veterans disability attorney special credit to boost their retirement or Nevada veterans Disability disability benefits. These credits are referred to as "credit for service."

Many of the conditions that qualify veterans for disability compensation are listed in the Code of Federal Regulations. Some of these conditions, however require an expert's opinion. A skilled lawyer with years of experience can assist a client in obtaining this opinion and present the evidence required to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled hundreds of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for Nevada veterans Disability rights a priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I claim a benefit?

First, veterans need to look up the medical evidence for their condition. This includes X-rays and doctor's reports, or other documents relevant to their health. It is vital to provide these records to VA. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This is a form that allows the VA to review your claim before you have all the information and medical records you need. It also keeps your effective date for receiving compensation if you win your case.

The VA will schedule your medical exam after all the information is received. It will depend on the quantity and type of disabilities you are claiming. Don't miss this exam because it could delay the process of your claim.

Once the tests are complete, after the examinations are completed, VA will examine the evidence and give you a decision packet. If the VA denies your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can help you at this point. Accredited lawyers from VA can be involved in the appeals right from the beginning, 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 very frustrating experience. Thankfully the VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with 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 have to list every reason, but you should be clear about the issues you disagree with.

You should also request your C-file, or claims file, to determine what evidence the VA used to reach their decision. There are often insufficient or missing records. In certain cases it could lead to an error in the rating decision.

If you submit your NOD you must choose whether you would like your case reviewed by a Decision Review Officer or by the Board of west chicago veterans disability lawsuit Appeals. In general, you'll have a better chance of success when you opt for a DRO review than with the BVA.

In the event of the DRO review, you have the option of requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct an investigation of your claim on a "de novo" basis, which means that they will not give deference to the previous decision. This usually results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the time consuming appeals path and typically takes one to three years to receive a new decision.

How much does an attorney charge?

A lawyer may charge a fee to help you appeal an VA disability decision. The law currently does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans may identify accredited representatives by using the VA's searchable database for accredited attorneys or claims representatives. These people have been accredited by the Department of Veterans Affairs to represent mauston veterans disability attorney, service members or their dependents in a range of issues including pension and disability compensation claims.

Most veterans' disability advocates operate on a contingent basis. This means that they are only paid if they win the appeal of the client and get back payment from the VA. The amount of backpay that is granted can differ but can be as high as 20 percent of the claimant's past-due benefits.

In rare instances attorneys or agents may decide to charge an the hourly basis. This is rare for two reasons. First, nevada veterans disability these matters are often time consuming and can take months or even years. In addition, many veterans and their families can't afford an hourly rate.