공지사항

Veterans Disability Litigation

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

The Department of Veterans Affairs discriminated against Black veterans disability attorneys for decades, disproportionately rejecting their disability claims as per a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The amount of monthly monetary compensation that veterans receive for disabilities resulting from service is based on their disability rating. This rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10% (e.g. 20%, 20 percent, Veterans Disability Litigation 30%, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their family.

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

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

Many of the conditions that make disabled veterans disability lawsuit for disability benefits are described in the Code of Federal Regulations. However, a few of these circumstances require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and provide the proof needed to support a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to helping our clients receive the disability benefits that they deserve. We have handled a variety of disability cases and are familiar with the complexities of VA laws and procedures. Our firm was created 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 make a claim?

Veterans need to first collect the medical evidence to prove their impairment. This includes X-rays or doctor's reports, as as any other documentation related to the veteran's condition. Making these records available to the VA is very important. If a veteran doesn't have these documents, the VA must be informed by the applicant (or their VSO).

The next step is to submit an intent to file. This form permits the VA to begin reviewing your claim even before you have all the medical records you require. This form also ensures the date of effective compensation benefits in the event you are successful in your case.

The VA will schedule your examination after all the required information is received. The VA will set the date for the examination according to the number of disabilities as well as the type of disability you're claiming. Don't miss this exam because it could delay the process of submitting your claim.

After the examinations are completed Once the examinations are complete, the VA will examine the evidence and give you a confirmation packet. If the VA rejects the claim, you will have one year to request a more extensive review.

A lawyer can help you in this situation. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a an enormous benefit for those who seek disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that sent you the Rating Decision. In your notice of disagreement, you must inform the VA why you are not happy with their decision. You don't need to list every reason, but you must list all the points you don't agree with.

It's also important to request your C-file (claims file) so that you can view the evidence the VA used to make their decision. Most of the time there are no or incomplete records. In certain cases it could lead to an error in the rating decision.

When you submit your NOD you will need to decide if you prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when the DRO examines your case than when it's reviewed by BVA.

You can request a private hearing with an expert in senior rating through an DRO review. The DRO will conduct the review of your claim on the basis of a "de novo" basis, which means they will not give deference to the previous decision. This usually results in an entirely new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the time demanding appeals process and usually can take between one and three years for an updated decision.

How much will a lawyer charge?

A lawyer may charge a fee if you appeal a VA decision on the basis of disability. However, the law currently prohibits lawyers from charging for assistance in a claim. This is because the fee is dependent on the lawyer prevailing in your case, or Veterans Disability Litigation getting your benefits increased by an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans can look through the VA's database of accredited attorneys or claim agents to find accredited representatives. These people are accredited by the Department of veterans disability law Affairs and can represent service members, veterans or dependents in a wide variety of cases including pension and disability compensation claims.

Most disability advocates for veterans are paid on a contingent basis. They only receive compensation when they are successful in defending their client's case, and also receive back pay from VA. The amount of back pay that is given varies, but it can be as much as 20 percent of the claimant's total past due benefit amount.

In rare instances lawyers or agents might choose to charge an hourly rate. This isn't often the case due to two reasons. These matters could take months or even years to be resolved. The second reason is that many veterans disability compensation and their families are unable to afford an hourly rate.