Veterans Disability Litigation

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

The Department of Veterans Affairs discriminated against Black Copperas cove Veterans disability lawyer for a long time by generally denying their disability claims in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The disability rating determines the amount of compensation per month paid to veterans who have service-connected disabilities. The rating is based on the severity of the injury or illness and can range from 0% and 100% in increments of 10% (e.g. 20% 30, 30 percent, etc.). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.

VA provides additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and hospitalization automobile allowances, and hospitalization allowances. 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 boost their lifetime earnings for retirement or disability benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists a variety of conditions that can qualify a veteran for disability compensation. However, some of these conditions 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 prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the benefits they're entitled to. We have handled thousands of disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for veterans' rights a key part of his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I file a claim?

Veterans must first find the medical evidence of their impairment. This includes X-rays and doctor's reports as well as any other documentation related to the condition of the veteran. It is important to provide these records to VA. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intent to file. This is a form that allows the VA to begin reviewing your claim even before you have all the information and medical records you need. The form also keeps the date of effective compensation benefits in case you succeed in your claim.

Once all the information is submitted after all the information has been received, the VA will arrange an examination for you. The VA will schedule an examination in accordance with the severity of your disability 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 provide you with a decision package when the examinations have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.

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

How do I appeal a denial?

A denial of disability benefits can be a difficult experience. The VA offers an appeals procedure to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you have to tell the VA why you disagree with their decision. You don't have to list all of the reasons, but you should mention all the points you disagree with.

It's also important to request your C-file (claims file) to see the evidence the VA used to make their decision. Most of the time there are missing or incomplete records. This can result in a mistake in the rating.

When you submit your NOD, it will be asked if you want your case reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a better chance of success with the DRO review DRO review than with the BVA.

You can request a private hearing with an expert in senior rating through an DRO review. The DRO will review your claim "de novo" this means they will not defer to the previous decision. This usually results in the issue of a new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals procedure and can take up to three years for a new decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee to assist you appeal a VA disability decision. The law in place today does not allow lawyers to charge fees for assistance with a claim in the beginning. This is because the fee has to be dependent on the lawyer winning your case or getting your benefits increased through an appeal. Typically, these fees will be paid directly out of any lump-sum payments you receive from the VA.

Veterans can use 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 service members, veterans and their dependents or survivors in a variety of issues including pension and disability compensation claims.

Most disability advocates for veterans are paid on a contingent basis. This means that they will only be paid if they are successful in winning the appeal of the client and get back payments from the VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's past-due benefit amount.

In rare instances, an agent or attorney may choose to charge on per hour basis. This is rare for two reasons. These matters could take months or even years to resolve. Second, most ashdown veterans disability lawyer and their families are unable to afford to pay for these services on an hourly basis.