Veterans Disability Litigation

Ken advises veterans of the military to help them obtain the disability benefits they deserve. Ken also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black crestview veterans disability lawyer for a long time by rejecting their disability claims in adisproportionate way according to a lawsuit 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 veterans with service-related disabilities is determined on their disability rating. This rating is based upon the severity of an illness or injury and may range between 0% and 100% in increments of 10 percent (e.g. 20 percent, 30%, etc.). The compensation is not subject to tax and provides a basic income to the disabled veteran and his family.

VA provides additional compensation through other programs, including individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. These are in addition to the regular disability compensation.

The Social Security Administration also gives veterans a special credit they can use to increase their earnings over time to be eligible for disability or retirement benefits. These extra credits are referred to as "credit for service."

Code of Federal Regulations lists a variety of conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however, require an expert's opinion. An experienced lawyer can assist a customer in obtaining an opinion, and also provide the evidence required to prove a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients get the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans' rights a major part of his practice after successfully representing himself at an appeal to the Board of fort pierce veterans disability lawyer Appeals hearing.

How do I file a claim?

First, veterans need to locate the medical evidence that supports their disability. This includes X-rays, doctor's reports, or other documents regarding their health. It is crucial 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 to file an intent to file. This form lets the VA to review your claim before you have the necessary information and medical records. This form also protects the date of effective compensation benefits in case you win your case.

The VA will schedule your exam when all details have been received. The VA will set the date for the examination in accordance with the number of disabilities and the type you are claiming. Don't miss this exam because it could delay the process of your claim.

Once the tests are complete after which the VA will review the evidence and send you a decision packet. If the VA refuses to accept the claim you'll have a year to request a more thorough review.

At this stage, a lawyer is able to help you. Accredited lawyers from VA can be involved in the appeals from the beginning which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a gruelling experience. The VA has an appeals process for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you have to tell the VA why you disagree with their decision. You don't need to list every reason, but you must be clear about the issues 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 in making their decision. Most of the time there are missing or insufficient records. This can sometimes lead to an error in the rating.

If you file your NOD, you'll be asked if you would like your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO reviews your case than when it's reviewed by the BVA.

You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will examine your claim "de novo" which means they will not accept the previous decision. This typically results in a completely new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest appeals process and it can take up to three years to reach an appeal to be heard.

How much can an attorney charge?

A lawyer can charge a fee to help you appeal an VA disability decision. However, current law prevents lawyers from charging for initial assistance when submitting a claim. This is due to the fact that the fee is dependent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically the fees will be directly derived from any lump-sum payments you get from the VA.

Veterans may identify accredited representatives by using the VA's searchable database that lists accredited attorneys or claims representatives. They have been vetted by the Department of horizon city veterans disability lawyer Affairs to represent veterans, service members and their dependents as well as survivors in a variety of issues such as disability compensation and pension claims.

Most veterans' disability advocates are paid on an ad-hoc basis. This means that they are only paid if they succeed in winning the appeal of the client and receive back payment from the VA. The amount of backpay paid can vary but can be as high as 20 percent of a claimant's past-due benefits.

In rare cases lawyers or agents might decide to charge an hourly fee. However, this is uncommon due to two reasons. First, these issues can be time-consuming and can take months or even years. In addition, the majority of veterans and their families cannot afford to pay on an hourly basis.