Veterans Disability Litigation

Ken counsels military veterans disability legal to assist them in getting the disability compensation they deserve. Ken also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by rejecting their disability claims in adisproportionate way as per 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 provided to veterans suffering from service connected disabilities is based on their disability rating. The rating is based on the severity of an illness or injury and may 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 basic source of income to the disabled veteran and his family.

VA provides additional compensation through other programs, including individual unemployment, clothing allowances, hospitalization and prestabilization, car allowances, and Veterans Disability Case hospitalization allowances. These are in addition to basic disability compensation.

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

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. However, some of these conditions require an expert's opinion. A seasoned veteran attorney can help a customer obtain this opinion, and supply the evidence required to support an claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to ensuring that our clients get the disability benefits they are entitled to. We have handled thousands disability cases and veterans disability case are familiar with the intricacies of VA rules and regulations. Our firm was created by a disabled veteran who made fighting for veterans rights a top priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

veterans disability litigation need to first collect the medical evidence supporting their impairment. This includes X-rays or doctor's reports as well as any other documentation related to the condition of the veteran. It is vital to provide these documents to the VA. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).

The next step is to submit an intent to file. This form allows the VA to begin reviewing your claim, even before you have all the medical records you require. The form also keeps the date you can start receiving your compensation benefits in case you have a successful case.

Once all the information is in when all the information is in, the VA will arrange an examination for you. The VA will set the date for the examination according to the number of disabilities and the type of disability you claim. Make sure that you take the exam, since in the event you fail to take it, it could delay your claim.

Once the examinations are complete after which the VA will examine the evidence and then send you a decision-making packet. If the VA denies your claim, you have a year from the date of the letter to request a more thorough review.

At this point, a lawyer can assist you. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

Denial of veterans' disability benefits can be frustrating. Fortunately the VA has an appeals process for these decisions. The first step is to send the 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 disagreed with their decision. You don't have to list all the reasons but you should list everything you disagree with.

It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. In many cases there are no or insufficient records. In certain cases this could lead to an error in the rating decision.

When you file your NOD it is up to you to decide if want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a greater chance of success with a DRO review than with the BVA.

You can request a private hearing with a senior rating expert through an DRO review. The DRO will examine your claim "de de novo" which means they will not accept the previous decision. This usually results in the issue of a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most lengthy appeals procedure and can take up to three years for a new decision.

What is the average amount an attorney can charge?

Lawyers can charge a fee to assist appeal the VA decision on a disability claim. However, the law currently prohibits lawyers from charging for initial assistance with a claim. This is due to the fact that the fee has to be dependent on the lawyer winning your case or getting your benefits increased by an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans may be able find accredited representatives through the VA's searchable database that lists licensed attorneys or claims agents. They have been vetted by the Department of veterans disability compensation Affairs to represent veterans, service members and their dependents or survivors on a range of issues including disability compensation and pension claims.

Most disability advocates for veterans work on a contingency basis. This means that they only get paid if they prevail in the appeal of the client and get back payment from the VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total past-due benefit.

In rare cases, an agent or lawyer might decide to charge an hourly fee. This is not common due to two reasons. These matters can take months or even years to be resolved. Second, many veterans disability case (account.motorplus-online.com wrote) and their families cannot afford an hourly fee.