Veterans Disability Litigation

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

The Department of Cudahy veterans disability lawyer Affairs discriminated against Black veterans for decades, generally denying their disability claims as per an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The amount of monthly monetary compensation provided to veterans suffering from service-related disabilities is based on their disability rating. The rating is determined by the severity of the injury or illness and can range from 0% up to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.

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

The Social Security Administration also gives veterans special credit that they can use to boost their earnings over time to qualify for retirement or disability benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists numerous conditions that qualify a veteran to receive disability compensation. Certain of these conditions, however require an expert's opinion. A seasoned veteran attorney can assist a customer in obtaining an opinion, and also provide the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to helping our clients get the disability benefits they are entitled to. We have handled a variety of disability cases and are familiar with the complexities of VA regulations and laws. Our firm was established by a disabled veteran who made fighting for veterans' rights a priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I claim a benefit?

First, veterans must track down the medical evidence that supports their disability. This includes X-rays, doctor's notes or other evidence relevant to their medical condition. Providing these records to the VA is very important. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This form allows the VA to begin reviewing your claim before you have all the medical records you require. It also ensures that you have an date of effective for benefits when you win your case.

The VA will schedule your medical exam when all information has been received. This will be dependent on the number and type of disability you claim. Be sure to take this exam, as should you miss it and fail to take it, it could hinder your claim.

Once the tests are complete Once the examinations are complete, the VA will examine the evidence and send you a decision packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.

At this moment, a lawyer will help you. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. The VA has an appeals process 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 must tell the VA the reasons you don't agree with their decision. It is not necessary to list all the reasons, but you should mention everything that you disagree on.

You should also request your C file or claims file so that you can see the evidence that the VA used to make their decision. There are often incomplete or missing records. This can sometimes lead to a mistake in the rating.

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

With a DRO review, you have the option of asking for an individual hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on a "de novo" basis, meaning they do not give deference to the previous decision. This usually results in an entirely new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the most lengthy appeals process and can take approximately three years to get an appeal to be heard.

How much will a lawyer charge?

Lawyers can charge a fee for helping appeal an VA decision regarding an appeal for disability. But, current law prohibits lawyers from charging fees to assist in a claim. This is because the fee must be dependent on the lawyer winning your case or getting your benefits increased by an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

villa rica veterans disability lawyer can use the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors in a range of issues including disability compensation and pension claims.

The majority of willow springs veterans disability law firm' disability advocates are paid on a contingent basis. This means that they are only paid if they prevail in the appeal of the client and receive back pay from the VA. The amount of backpay that is granted can differ, but it can be as high as 20 percent of the claimant's past due benefits.

In rare cases lawyers or agents may choose to charge an hourly rate. This is not common due to two reasons. First, these cases are often time consuming and can go on for months or even years. Second, most veterans and their families are unable to afford to pay for these services on an hourly basis.