Veterans Disability Litigation

Ken counsels twentynine palms veterans Disability Lawyer of the military to assist them in obtaining 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 years by rejecting their disability claims in adisproportionate way, according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The disability rating determines the amount of compensation per month paid to veterans with disabilities that are related to service. The rating is based on the severity of an injury or illness and can range from zero and 100% in increments of 10 percent (e.g. 20% 30, 30 percent, etc.). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.

VA provides additional compensation through other programs, for example individual unemployment allowances for clothing as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

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

Many of the conditions that can qualify veterans for disability compensation are included in the Code of Federal Regulations. Certain of these conditions, however require the opinion of an expert. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence needed to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients obtain the disability benefits that they are entitled to. We have handled thousands of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who, after successfully representing himself at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of newport veterans disability law firm the top priority in his practice.

How do I submit a claim?

The first step is to track down the medical evidence to prove their impairment. This includes Xrays, doctor's reports, or other documents relevant to their health. It is vital to provide these documents to the VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to fill out an intent to file. This form allows the VA to review your claim before you have the needed information and medical records. It also protects your date of eligibility for compensation benefits when you win your case.

The VA will schedule your appointment after all the required information is received. This will be dependent on the number and type of disability you claim. Make sure that you take the exam, since should you miss it the exam could delay your claim.

Once the tests are complete After the examinations are completed, the VA will examine the evidence and then send you a decision package. If the VA decides to deny the claim, you'll have a year to request a more extensive review.

A lawyer can be of assistance in this situation. VA-accredited attorneys 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?

Denial of scottsbluff veterans disability attorney disability benefits can be a frustrating experience. Fortunately, the VA has an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice Of Disagreement, you must explain to the VA why you disagreed with their decision. It is not necessary to list every reason, but you should be clear about the issues you don't agree with.

It's also crucial to request your C-file (claims file) so you can see the evidence the VA used in making their decision. In many cases there are gaps or incomplete records. This can lead to an error in the rating.

When you file your NOD, you'll be asked to select whether you would like 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 when the DRO reviews your case than if it's reviewed by the BVA.

You can request a private hearing with a senior rating expert via a DRO review. The DRO will conduct an investigation of your claim on an "de novo" basis, which means they do not give deference to the previous decision. This usually results in the issue of a new Rating Decision. You can also have the BVA in Washington review your claim. This is the most time consuming appeals path and typically takes anywhere from one to three years to receive an updated decision.

What is the average cost a lawyer can charge?

Lawyers may charge a fee for helping you appeal a VA disability decision. But, current law prohibits lawyers from charging for assistance in the case. This is because the fee is contingent upon the lawyer winning your case or getting your benefits increased through an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans are able to search the database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans or their dependents in a variety of matters such as disability compensation and pension claims.

Most veterans' disability advocates are paid on an hourly basis. This means that they only get paid if they win the appeal of the client and get back payment from the VA. The amount of backpay that is granted can differ but can be as high as 20 percent of a claimant's past due benefits.

In rare cases, an agent or lawyer might decide to charge an hourly rate. However, this is uncommon due to two reasons. First, these matters tend to be time-consuming and can go on for months or even years. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.