Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by generally denying their disability claims according to an action filed this week by Yale Law School's tolleson veterans disability lawsuit 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 based on the severity of the illness or injury and can range from 0% to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The amount is devoid of tax and provides a minimum income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and http://id.myopenlink.net hospitalization benefits. These benefits are in addition to basic disability compensation.

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

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. Certain of these conditions however require the opinion of an expert. An experienced lawyer can assist clients in obtaining this opinion and provide the evidence needed to prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after securing his own representation in a Board of mattoon veterans disability attorney Appeals Hearing and gaining the support of veterans, made the rights of veterans an integral part of his practice.

How do I make a claim?

Veterans need to first collect the medical evidence of their impairment. This includes X-rays and doctor's notes, as well any other documentation pertaining to the veteran's condition. The submission of these records to the VA is vital. If a veteran doesn't have these documents then the VA must be informed by the applicant (or their VSO).

The next step is to submit an intent to file. This is a form that allows the VA to begin reviewing your claim before you have all the medical records required. It also protects your effective date for receiving compensation in the event that you win your case.

If all the required information is submitted after all the information has been received, the VA will schedule an examination for you. This will depend on the quantity and type of disabilities you are claiming. Make sure that you take the exam, since in the event you fail to take it and fail to take it, it could hinder your claim.

After the examinations have been completed, the VA will examine the evidence and send you a decision packet. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can be of assistance in this situation. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a a huge benefit to those who seek disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a very frustrating 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 which sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't have to list every reason, but you should mention all the aspects 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 gaps or insufficient records. This can result in an error in the rating.

If you file your NOD, you will be asked to select whether you want your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will be more likely to have success with a DRO review than with the BVA.

You can request a private hearing with a senior rating expert via a DRO review. The DRO will conduct the review of your claim on a "de novo" basis, meaning they do not give deference to the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the most lengthy appeals process, and it could take up to three years for an update on the decision.

How much can an attorney charge?

A lawyer may charge a fee to assist you appeal an VA decision on a disability claim. The law currently does not permit lawyers to charge for assistance with a claim in the beginning. This is because the fee has to be contingent on the lawyer winning your case or having your benefits increased through an appeal. Typically the fees are paid directly out of any lump-sum payments you receive from the VA.

Veterans may be able to find accredited representatives through the VA's searchable database that lists licensed attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or their dependents in a wide spectrum of cases including disability compensation claims and pension claims.

Most disability advocates for veterans are paid on an ad-hoc basis. This means that they are only paid if they succeed in winning the client's appeal and receive back pay from the VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total past-due benefit.

In rare cases an attorney or agent may choose to charge on the basis of an hourly rate. This is uncommon due to two reasons. First, these cases can be time-consuming and [empty] can go on for months or even years. Additionally, many eudora veterans Disability Lawsuit and their families don't afford an hourly fee.