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Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their family.

VA provides additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and hospitalization, automobile allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

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

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

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients receive the disability benefits they are entitled to. We have handled a variety of disability cases and are well-versed with the intricacies of VA regulations and laws. Our firm was founded in 1996 by a disabled vet who after securing his own representation at a Board of la ca�ada flintridge veterans disability lawyer Appeals Hearing in 1996, decided to make harrisburg veterans disability Attorney' rights a priority for his practice.

How do I file a claim?

First, veterans need to locate the medical evidence that supports their disability. This includes X-rays and doctor's reports, as well with any other documentation that is related to the veteran's condition. It is essential to submit these records to VA. If a veteran doesn't have these documents, they must be given 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 permits the VA to begin reviewing your claim before you have all the medical records you need. It also protects your date of eligibility for compensation benefits if you win your case.

When all the information is in when all the information is in, the VA will schedule an appointment for you. This will depend on the type and number of disabilities you are claiming. Make sure you attend this test, because if you miss it this could affect your claim.

The VA will send you a decision package once the examinations have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.

At this point, a lawyer can assist you. Accredited lawyers from VA can be involved in appeals right from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a very frustrating experience. Thankfully that the VA has an appeals procedure for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice Of Disagreement, you should explain to the VA why you disagreed with their decision. You don't have to list every reason, but you should state all the issues that you disagree with.

You should also request your C file, or claims file, to see what evidence the VA used to make their decision. Sometimes there are gaps or incomplete records. In some instances, this can lead to an error in the rating decision.

When you submit your NOD, it will be asked if you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO reviews your case, compared to if it's reviewed by the BVA.

You can request a private hearing with a senior rating expert via a DRO review. The DRO will conduct an examination of your claim on the basis of a "de de novo" basis, meaning they don't give deference the previous decision. This typically results in a new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest lengthy appeals procedure and typically takes between one and three years to receive a new decision.

How much can a lawyer charge?

A lawyer can charge a fee if appeal a VA decision regarding the basis of disability. However, the law currently prohibits lawyers from charging for assistance with a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case or receiving your benefits increased as a result of an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans may identify accredited representatives by using the VA's searchable database for accredited attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and Harrisburg veterans Disability attorney can represent service members, apple valley veterans disability lawyer or dependents in a vast spectrum of cases such as pension claims and disability compensation claims.

Most duryea veterans disability lawsuit' disability advocates are paid on an hourly basis. They only get paid when they are successful in defending their client's case, and they also receive back pay from VA. The amount of back pay that is granted varies, but could be as high as 20 percent of the claimant's total past due benefit amount.

In rare instances an attorney or agent might decide to charge on an per hour basis. This is uncommon due to two reasons. First, these matters are usually time-consuming and can last for months or even years. Additionally, many veterans and Harrisburg veterans disability Attorney their families can't afford to pay on an hourly basis.