Berryville Veterans Disability Attorney Disability Litigation

Ken assists veterans to get 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, disproportionately refusing their disability claims.

What is a VA disability?

The disability rating determines the amount of monthly compensation paid to veterans who have service-connected disabilities. This rating is based upon the severity of the injury or illness and can range from 0% up 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 hospitalization and prestabilization benefits. These are in addition to the basic disability compensation.

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

Many of the conditions that qualify disabled veterans for disability benefits are listed in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. An experienced lawyer can assist a client to obtain this opinion and present the evidence required to support the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients to receive the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans rights a major part of his practice after he successfully represented himself at a Board of jefferson veterans disability attorney Appeals hearing.

How do I make a claim?

charlotte veterans disability law firm must first gather the medical evidence supporting their impairment. This could include X-rays, doctor's notes, as well as any other documentation related to the veteran's condition. It is crucial to provide these documents to the VA. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intent to file. This form lets the VA review your claim even before you have the proper information and medical records. It also ensures that you have an date of effective for benefits in the event that you win your case.

The VA will schedule your examination after all the required details have been received. It will depend on the quantity and type of disabilities you are claiming. Be sure to take this test, because should you miss it, it could delay your claim.

Once the tests are complete Once the examinations are complete, after the examinations are completed, VA will review the evidence and send you a confirmation packet. If the VA decides to deny the claim, you have a year to request a more extensive review.

A lawyer can be of assistance at this point. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a hugely beneficial to those who seek disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a gruelling experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason, but you should state all the issues that you don't agree with.

It's also crucial to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. There are often incomplete or missing data. This can result in a mistake in the rating.

If you submit your NOD it is up to you to decide if would like your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO reviews your case than when it's reviewed by the BVA.

You can request a personal hearing with a senior rating expert via an DRO review. The DRO will review your claim "de novo" which means that they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the longest demanding appeals process and usually takes between one and three years to obtain a new decision.

What is the average amount an attorney can charge?

Lawyers can charge a fee to help you appeal a VA decision regarding a disability claim. The law in place today does not permit lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee must be dependent on the lawyer winning your case, or getting your benefits increased by an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans can use the VA's database of attorneys who are accredited or claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a variety of matters such as disability compensation and pension claims.

Most veterans' disability advocates are paid on the basis of a contingent. They only receive compensation when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay that is awarded varies, but can be as high as 20 percent of the claimant's total benefit amount.

In rare cases, an agent or lawyer might decide to charge an hourly fee. This is rare for two reasons. First, these cases tend to be time-consuming and can drag on for months or even years. In addition, the majority of veterans and their families cannot afford to pay on an hourly basis.