east ridge veterans disability attorney Disability Litigation

Ken advises veterans of the military to help them obtain the disability compensation they are entitled to. Ken also represents clients in 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 what is VA Disability?

The amount of monthly monetary compensation paid to huntington woods veterans disability attorney with service-related disabilities is based on their disability rating. The rating is based on the severity of the illness or injury and can vary from 0% to 100% in increments of 10 percent (e.g., 20%, 30% etc). The amount is devoid of tax and provides a basic source of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation, such as individual unemployment, auto allowance, clothing allowance, and hospitalization and prestabilization benefits. These 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 earnings over the course of their lives for retirement or disability benefits. These additional credits are known as "credit for service."

Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. Certain of these conditions however, require an expert's opinion. A skilled lawyer with years of experience can help a client obtain this opinion and present the evidence required to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to ensuring that our clients obtain the disability benefits that they deserve. We have handled thousands disability cases and are conversant with the intricacies 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 at an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans must first gather the medical evidence of their impairment. This includes Xrays or doctor's reports as well any other documentation pertaining to the condition of the veteran. The submission of these records to the VA is very important. If a veteran doesn't have these documents and the VA should be notified by the applicant (or their VSO).

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

The VA will schedule your examination when all details have been received. The VA will set the date for the examination in accordance with the number of disabilities and the type you claim. Be sure to take the exam, since should you miss it the exam could delay your claim.

The VA will send you a decision-making package when the examinations have been completed. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.

At this point, a lawyer can assist you. Lawyers who are accredited by VA can now be involved in appeals from the beginning which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

The denial of veterans' disability benefits can be frustrating. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to send an Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your notice of disagreement, you should tell the VA the reason you don't like their decision. You don't have to include every reason however, you must mention everything that you disagree on.

It's also important to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. In many cases there are missing or insufficient records. This can result in an error Vimeo.com in the rating.

If you submit your NOD you must decide whether you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success if the DRO reviews your case than when it's reviewed by BVA.

With an DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will review your claim "de de novo" which means they will not rely on the previous decision. This usually results in the issue of a new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the longest appeals process, and it could take up to three years before you receive an appeal to be heard.

How much will a lawyer charge?

Lawyers can charge a fee to help you appeal a VA decision regarding the basis of disability. The law as it stands today does not allow lawyers to charge for initial assistance in a claim. This is because the fee is dependent on the lawyer winning your case, or getting your benefits increased by an appeal. Typically, these fees will be paid directly out of the lump-sum payments that you receive from the VA.

Veterans can identify accredited representatives by using the VA's searchable database of accredited attorneys or claims representatives. They are vetted by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide variety of cases, including disability compensation claims and pension claims.

The majority of veterans' disability advocates are paid on an ad-hoc basis. This means that they will only be paid if they are successful in winning the appeal of the client and get back pay from the VA. The amount of backpay granted can differ but it could be as high as 20 percent of a claimant's past due benefits.

In rare cases attorneys or agents may decide to charge an the hourly basis. This is not common due to two reasons. First, these situations are often time consuming and can last for months or even years. In addition, the majority of veterans and their families are unable to afford to pay for these services on an hourly basis.