Veterans Disability Litigation

Ken counsels military veterans to help them get the disability compensation they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by rejecting their disability claims in adisproportionate way, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The disability rating determines the amount of monthly compensation paid to rochester veterans disability lawsuit with service-connected disabilities. This rating is determined by the severity of an injury or illness and can vary between zero and 100% in increments of 10 percent (e.g. 20 percent 30, 30%, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their families.

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

In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their lifetime earnings for retirement or disability benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. Certain of these conditions however require an expert's opinion. A veteran lawyer with experience can assist a customer in obtaining this opinion and provide the evidence needed to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients obtain the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans' rights a key part of his practice after successfully representing himself at 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 disability. This includes Xrays or doctor's reports as well any other documentation pertaining to the condition of the veteran. It is crucial to provide these records to VA. If a veteran doesn't have these documents, the VA should be notified by the applicant (or their VSO).

The next step is to file an intent to file. This form lets the VA examine your claim even before you have the necessary information and medical records. This form also ensures the date you can start receiving your compensation benefits in case you have a successful case.

The VA will schedule your medical exam after all the information has been received. It will depend on the type and number of disability you claim. Don't miss this exam because it could delay the processing of your claim.

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

A lawyer can help you at this point. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a difficult experience. Fortunately, the VA has an appeals process for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disparage, you have to tell the VA why you disagree with their decision. It is not necessary to list all of the reasons but you should include all the points you disagree with.

It's also important to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. Sometimes there are gaps or insufficient records. This can lead to a mistake in the rating.

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

In the event of a DRO review you can request a personal hearing before a senior rating specialist. The DRO will examine your claim "de de novo" which means they will not rely on the previous decision. This typically results in an entirely new Rating Decision. You may also opt to have the BVA in Washington examine your claim. This is the longest appeals procedure and can take up to three years for a new decision.

How much can a lawyer charge?

Lawyers can charge a fee for helping appeal a VA decision on an appeal for disability. However, current law prevents lawyers from charging fees to assist with a claim. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors on a range of issues including disability compensation and pension claims.

The majority of santaquin veterans disability law firm' disability advocates operate on a contingent basis. This means that they are only paid if they succeed in winning the appeal of the client and receive back payments from the VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's total past-due benefits.

In rare instances an attorney or agent might choose to charge an hourly rate. However, this is uncommon for two reasons. First, these situations tend to be time-consuming and can take months or even years. Additionally, many Plymouth veterans disability law firm and their families are unable to afford to pay for these services on an hourly basis.