midlothian veterans disability law firm Disability Litigation

Ken counsels military veterans to help them get the disability compensation they deserve. He also represents clients at VA Board of prospect heights Veterans disability lawyer 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 discriminating against their disability claims.

What is a VA Disability?

The disability rating determines the amount of monthly payments to veterans with service-related disabilities. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their families.

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

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

A majority of the conditions that make an individual for disability compensation are mentioned in the Code of Federal Regulations. However, a few of these circumstances require an expert's opinion. A veteran lawyer with experience can assist a client in obtaining an opinion, and also provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled thousands of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who, after successfully representing himself at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.

How do I submit a claim?

Veterans must first find the medical evidence that proves their disability. This includes Xrays, doctor's reports, or other documents that relate to their medical condition. Giving these records to VA is very important. If a veteran doesn't have these documents, they must be provided 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 review your claim even before you have the proper information and medical records. It also preserves your effective date for compensation benefits should you prevail in your case.

The VA will schedule your examination after all the details have been received. The VA will schedule an exam in accordance with the amount of disabilities you have and the type of disability you're claiming. Don't miss this exam because it could delay the processing of your claim.

The VA will send you a decision package when the examinations have been completed. If the VA decides to deny the claim, you will have one year to request a more extensive review.

A lawyer can be of assistance at this point. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a very frustrating experience. Fortunately the VA has an appeals process for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office which sent you the decision on Rating. In your notice of disagreement, you have to tell the VA why you disagree with their decision. It is not necessary to list every reason, but you should mention all the aspects you don't agree with.

It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. Most of the time there are missing or incomplete records. In some cases this could result in an error in the rating decision.

When you file your NOD, it is up to you to decide if would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success if the DRO reviews your case than if it's viewed by the BVA.

You can request a personal hearing with an expert in senior ratings through the process of a DRO review. The DRO will review your claim "de de novo" which means that they will not accept the previous decision. This typically results in the issue of a new Rating Decision. You may also opt to request that 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 does a lawyer charge?

A lawyer can charge a fee to help you appeal an VA disability decision. The law currently does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee has to be contingent on the lawyer winning your case, or getting your benefits increased by an appeal. Typically the fees are paid directly from the lump-sum payments that you receive from the VA.

Veterans may be able find accredited representatives through the VA's searchable database that lists licensed attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of matters including disability compensation and pension claims.

Most brandon veterans disability law firm' disability advocates are paid on an hourly basis. They only receive compensation when they succeed in winning their client's appeal and they also receive back pay from VA. The amount of backpay that is paid can vary but can be as high as 20 percent of a claimant's past due benefits.

In rare instances lawyers or agents might choose to charge an hourly rate. This isn't often the case due to two reasons. These issues can take months or even years to resolve. The second reason is that most veterans and their families can't afford to pay on an hourly basis.