Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. Ken also represents clients in VA Board of largo veterans disability attorney Appeals hearings.

According to a lawsuit filed by the Yale Law School mason veterans disability attorney Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans by denial of their disability claims.

What is an VA disability?

The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is based on their disability rating. The rating is based on the severity of an injury or illness and can range from 0% and 100% in increments of 10% (e.g. 20% 30%, 20 percent, etc.). The amount is devoid of tax and provides a basic amount of income to the disabled veteran and his family.

VA offers additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the standard 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 earnings over the course of their lives for retirement or disability benefits. These extra credits are called "credit for service."

Many of the conditions that make veterans for disability compensation are included in the Code of Federal Regulations. However, certain conditions require an expert's advice. An experienced veteran attorney can assist a client obtain this opinion, and provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients receive the disability benefits that they are entitled to. We have handled a variety of disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for veterans' rights a major part of his practice after successfully representing himself in a Board of molalla veterans disability law firm Appeals hearing.

How do I make a claim?

Veterans must first gather the medical evidence of their disability. This includes X-rays, doctor's reports or any other documentation that relate to their medical condition. It is vital to provide these documents to the VA. If a veteran doesn't have these documents and the VA must be informed by the claimant (or their VSO).

The next step is a filing of 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 of effective compensation benefits in the event you have a successful case.

If all the required information is provided When all the information is submitted, the VA will schedule an exam for you. The VA will schedule an exam based on the amount of disabilities you have and the type you are claiming. Be sure to take this exam, as in the event you fail to take it and fail to take it, it could hinder your claim.

The VA will send you a decision document once the examinations have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a higher-level review.

At this stage, a lawyer is able to 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 refusal of veterans disability benefits can be a difficult experience. Fortunately the VA has an appeals process for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't need to list every reason, but you must state all the issues that you don't agree with.

It's also important to request your C-file (claims file) so that you can view the evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. In some cases this could result in an error in the rating decision.

When you submit your NOD, you'll be asked to select whether you want your case to be reviewed by a 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, compared to when it's reviewed by BVA.

You can request a personal hearing with an expert in senior ratings through an DRO review. The DRO will conduct an examination of your claim on an "de novo" basis, meaning they don't give deference the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the time lengthy appeals procedure and typically takes anywhere from one to three years to receive a new decision.

How much does an attorney charge?

A lawyer may charge a fee to assist you appeal a VA decision on a disability claim. But, current law prohibits lawyers from charging fees to assist with a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. Typically, these fees will be directly derived from any lump-sum payment you receive from the VA.

Veterans may be able to locate accredited representatives using the VA's searchable database for licensed attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a vast variety of cases that include pension claims and disability compensation claims.

Most veterans' disability advocates are paid on the basis of a contingent. They only receive compensation when they win their client's appeal, and they also receive back pay from VA. The amount of backpay that is paid can vary however it could be as high as 20 percent of a claimant's past-due benefits.

In rare instances an attorney or agent could decide to charge an hourly fee. This is rare for two reasons. First, these matters tend to be time-consuming and can last for months or even years. In addition, many veterans and their families are unable to afford to pay an hourly fee.