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Veterans Disability Litigation

Ken assists veterans disability lawyer to obtain the disability benefits they deserve. He also represents 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 veterans by denial of their disability claims.

What is an VA disability?

The amount of monetary compensation per month that veterans receive for service-related disabilities is determined on their disability rating. This rating is determined by the severity of an injury or illness and can range from 0% and 100% in increments of 10 percent (e.g. 20%, 30 percent, etc.). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his family.

VA provides additional compensation through other programs, like individual unemployment allowances for clothing, hospitalization and prestabilization, car allowances, and hospitalization allowances. These are in addition to the standard disability compensation.

The Social Security Administration also gives veterans a special credit they can utilize to increase their lifetime earnings so that they can be eligible for disability or Veterans Disability Legal retirement benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. Certain of these conditions, however require the opinion of an expert. An experienced veteran lawyer can assist a client to 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 helping our clients receive the disability benefits that they are entitled to. We have handled thousands of disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was founded by a disabled veteran who made fighting for veterans rights a top priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I claim a benefit?

First, veterans need to locate the medical evidence that supports their impairment. This includes any X-rays, doctor's reports, or other documents relevant to their condition. Providing these records to the VA is crucial. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).

The next step is the filing of an intent to file. This form lets the VA review your claim even before you have the needed information and medical records. This form also preserves the date on which you will receive your compensation benefits in the event you have a successful case.

When all the information is provided, the VA will schedule an exam for you. This will depend on the number and type of disability you claim. Don't miss this exam because it could delay the processing of your claim.

After the examinations have been completed after which the VA will examine the evidence and then send you a confirmation packet. If the VA rejects the claim, you have a year to request a higher-level review.

A lawyer can be of assistance in this situation. VA-accredited lawyers are now involved in the appeals from the start, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability legal - click here for more info -' disability benefits can be frustrating. Fortunately that 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 have to tell the VA why you are not happy with their decision. It is not necessary to list all the reasons but you should include all the points you disagree with.

It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. Most of the time there are no or incomplete records. In some cases this could result in an error in the rating decision.

After you have submitted your NOD, you'll be asked to decide if you want your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a better chance of success with the DRO review DRO review than with the BVA.

When you request an DRO review you can request a personal hearing before a senior rating specialist. The DRO will examine your claim "de novo" which means that they will not be influenced by the previous decision. This usually results in a new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the longest lengthy appeals procedure and typically takes between one and three years for a new decision.

How much can an attorney charge?

A lawyer can charge a fee to assist you appeal an VA disability decision. However, current law prevents lawyers from charging fees to assist in a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

veterans disability attorney can find accredited representatives through the VA's searchable database for licensed attorneys or claims agents. These individuals have been approved by the Department of veterans disability law Affairs to represent veterans, service members and their dependents as well as survivors in a range of issues including pension and disability compensation claims.

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

In rare instances, an agent or attorney may decide to charge on an the hourly basis. However, this is uncommon for two reasons. These matters could take months or even years to be resolved. In addition, many veterans disability case and their families can't afford an hourly fee.