Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. He assists his clients at VA Board of Veterans Appeals Hearings.

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

What is a VA Disability?

The disability rating determines the amount of monthly payments to veterans who have disabilities that are related to service. This rating is based upon the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation, such as individual unemployment, auto allowance, clothing allowance and hospitalization and prestabilization benefits. 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 special credits to boost their disability or retirement benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. However, a few of these conditions require an expert opinion. An experienced lawyer can help a client obtain this opinion and provide the evidence required to support a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to assisting our clients receive the benefits they're entitled to. We have handled hundreds of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who after having successfully represented himself at a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.

How do I make a claim?

The first step is to track down the medical evidence for their disability. This includes Xrays, doctor's reports, or other documents relevant to their medical condition. It is vital to provide these documents to the VA. If a veteran does not have these documents and the VA should be notified by the applicant (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. It also ensures that you have an effective date for receiving compensation should you prevail in your case.

When all the data is provided after all the information has been received, the VA will arrange an examination for you. This will depend on the amount and type of disabilities you are claiming. Be sure to take this exam, as in the event you fail to take it this could affect your claim.

Once the examinations are complete, the VA will examine the evidence and send you a decision package. If the VA rejects your claim, you have a year from the date of the letter to request a higher-level review.

A lawyer can assist you at this point. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a difficult experience. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to send an Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your notice of disagreement, you have to tell the VA why you are not happy with their decision. It is not necessary to list all of the reasons, but you should mention everything you disagree with.

It is also essential to request your C-file (claims file) so you can see the evidence the VA used to make their decision. In many cases there are missing or insufficient records. In certain cases this could result in an error in the rating decision.

When you submit your NOD you will need to decide if you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will be more likely to have success when you opt for a DRO review than with the BVA.

You can request a personal hearing with a senior rating expert through a DRO review. The DRO will examine your claim "de novo" this means they will not accept the previous decision. This typically results in a 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 before you receive an update on the decision.

How much does an attorney charge?

Lawyers may charge a fee to help you appeal a VA disability decision. However, the law currently prohibits lawyers from charging for initial assistance in the case. This is because the fee has to be contingent upon the lawyer winning your case, or getting your benefits increased by an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

royse city Veterans disability lawsuit may be able find accredited representatives through the VA's searchable database for accredited attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of matters including pension and disability compensation 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 receive back pay from VA. The amount of back pay that is granted varies, but could be as much as 20 percent of the claimant's total past-due benefit.

In rare instances, an agent or lawyer could decide to charge an hourly rate. This is not common due to two reasons. These matters could take months or even years to resolve. Additionally, many veterans and their families can't afford to pay for these services on an hourly basis.