Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in getting the disability compensation they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black wellington veterans disability law firm for decades, discriminating against their disability claims as per an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The amount of monthly monetary compensation given to salisbury veterans disability lawyer with service-related disabilities is determined on their disability rating. This rating is based upon the severity of the illness or injury and can vary from 0% to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The amount is devoid of tax and provides a basic income to the disabled veteran and his family.

VA provides additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and hospitalization, car allowances, and hospitalization allowances. These 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 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."

Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. However, certain conditions require an expert opinion. An experienced veteran attorney can assist a customer in obtaining an opinion, and also provide the evidence required to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability 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 are proficient in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.

How do I make a claim?

Veterans must first find the medical evidence supporting their disability. This includes any X-rays, doctor's reports, or other documents relevant to their medical condition. Providing these records to the VA is vital. If a veteran doesn't have these documents, the VA must be informed by the applicant (or their VSO).

The next step is a filing of an intention to file. This is a form that allows the VA to begin reviewing your claim before you have all the medical records required. The form also keeps the effective date of your compensation benefits in the event you are successful in your case.

When all the data is provided when all the information is in, the VA will schedule an exam for you. It will depend on the quantity and type of disability you claim. Be sure to take this test, because in the event you fail to take it the exam could delay your claim.

After the examinations have been completed Once the examinations are complete, after the examinations are completed, VA will review the evidence and send you a decision-making packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.

A lawyer can be of assistance at this point. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be extremely frustrating. Thankfully, the VA has an appeals process for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disagreement, you have to explain to the VA why you are not happy with their decision. You don't have 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 view the evidence the VA used to make their decision. Sometimes there are missing or incomplete records. In certain cases this could lead to an error in the rating decision.

If you submit your NOD it is up to you to decide if prefer to have your situation reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a higher chance of success with the DRO review DRO review than with the BVA.

In the event of a DRO review, you have the option of asking for an individual hearing with a senior rating specialist. The DRO will conduct the review of your claim on an "de novo" basis, meaning they don't give deference the previous decision. This typically results in a totally new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the longest demanding appeals process and usually takes one to three years to get a new decision.

What is the average amount an attorney can charge?

Lawyers can charge a fee to help appeal an VA decision regarding an appeal for disability. However, the law currently prohibits lawyers from charging fees for assistance with a claim. The fee is only due if the lawyer is successful in your case or increases your benefits through an appeal. Typically the fees will be paid directly from any lump-sum payments you get from the VA.

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

Most disability advocates for veterans are paid on an hourly basis. They only receive compensation when they prevail in their client's appeal and they are also paid back from VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total benefit.

In rare instances attorneys or agents may decide to charge an the hourly basis. This is not common for two reasons. First, these matters can be time-consuming and can drag on for months or even years. The second reason is that many veterans and their families can't afford to pay an hourly rate.