Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they deserve. Ken is also a lawyer for his clients at VA Board of Veterans 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 what is VA Disability?

The disability rating determines the amount of monthly compensation paid to Bellaire veterans disability attorney (Vimeo.com) with service-related disabilities. The rating is based on the severity of an illness or injury, and can range between zero and 100% in increments of 10 percent (e.g. 20% 30%, 20%, etc.). The compensation is free of tax and provides a minimum income to the disabled veteran and his family.

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

The Social Security Administration also gives veterans a special credit they can use to boost their lifetime earnings so that they can be eligible for disability or retirement benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. However, certain circumstances require an expert's opinion. A seasoned lawyer with experience can assist clients in obtaining this opinion and provide the evidence required to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled thousands of disability cases and we are well-versed with the intricacies of VA regulations and laws. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans the top priority in his practice.

How do I submit a claim?

Veterans must first gather the medical evidence to prove their impairment. This could include X-rays, doctor's reports as well in any other documentation related to the veteran's condition. The submission of these records to the VA is essential. If a veteran does not have these documents, they must be provided 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 lets the VA examine your claim even before you have all the required information and medical records. It also ensures that you have an date of eligibility for compensation benefits should you prevail in your case.

If all the required information is received, the VA will schedule an appointment for you. This will be dependent on the number and type of disabilities you are claiming. If you fail to attend this test, it could delay the processing of your claim.

After the examinations are completed After the examinations are completed, the VA will examine the evidence and send you a decision-making packet. If the VA refuses to accept the claim you have a year to request a more extensive review.

At this point, a lawyer can help you. Accredited lawyers from VA can be involved in the appeals from the beginning which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be extremely frustrating. Thankfully that the VA has an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office who 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 need to list all of the reasons, but you should mention all the points you disagree with.

You should also request your C file, or claims file, so that you can determine what evidence the VA used to reach their decision. There are usually incomplete or missing records. In certain cases, this can lead to an error in the rating decision.

When you submit your NOD, the applicant will be asked to select whether you want your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success when the DRO examines your case rather than if it's reviewed by the BVA.

With an DRO review, you have the option of requesting a personal hearing before a senior rating specialist. The DRO will conduct an examination of your claim on a "de novo" basis, which means they don't give deference the previous decision. This usually results in a completely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process, and it could take up to three years for an appeal to be heard.

What is the average cost a lawyer can charge?

A lawyer could charge a fee for assisting you appeal a VA disability decision. The law in place today does not allow lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee is dependent on the lawyer prevailing in your case, or getting your benefits increased through an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

Veterans can look through the VA's database of accredited attorneys or claim agents to locate accredited representatives. These representatives are accredited by the Department of red bank veterans disability lawsuit Affairs and can represent veterans, service members or dependents in a broad variety of cases, including pension claims, disability compensation and claims.

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

In rare cases lawyers or agents may choose to charge an hourly rate. This is rare for two reasons. First, these cases can be time-consuming and can go on for months or even years. Additionally, many veterans and their families are unable to afford to pay on an hourly basis.