Veterans Disability Litigation

Ken counsels veterans of the military to help them obtain the disability compensation they are entitled to. He also represents clients at VA Board of Salt Lake City Veterans Disability Lawsuit 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 disproportionately denying their disability claims.

What is a VA disability?

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

VA offers additional compensation through other programs, for example individual unemployment, clothing allowances prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits 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 special credits to increase their lifetime earnings for retirement or disability benefits. These credits are referred to as "credit for service."

Many of the conditions that can qualify an individual for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions however require the opinion of an expert. A seasoned lawyer with experience can assist clients in obtaining this opinion and present the evidence required to prove the claim for disability benefits.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans disability attorney veterans rights a key part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans need to track down the medical evidence supporting their impairment. This could include X-rays, doctor's reports, as as any other documentation related to the veteran's condition. Making these records available to the VA is crucial. If a veteran does not have these documents, they must 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 allows the VA to review your claim even before you have all the information and medical records you require. This form also ensures the effective date of your compensation benefits in the event that you are successful in your case.

When all the data is in after all the information has been received, the VA will schedule an exam for you. The VA will schedule an examination based on the number of disabilities as well as the type of disability you're claiming. Make sure that you take this test, because if you miss it, it could delay your claim.

Once the tests are complete After the examinations are completed, after the examinations are completed, VA will examine the evidence and give you a decision-making packet. If the VA rejects the claim, you'll have a year to request a more extensive review.

At this moment, a lawyer could help you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a an enormous benefit to those seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a difficult experience. Fortunately, the VA has an appeals process 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, park Ridge Veterans disability lawyer you have to explain to the VA why you are not happy with their decision. It is not necessary to list every reason, but you must be clear about the issues 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 in making their decision. Often times there are gaps or incomplete records. This can result in a mistake in the rating.

After you have submitted your NOD, you'll be asked if you would like your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. In general, you will have a greater chance of success with the DRO review DRO review than with the BVA.

If you are subject to an DRO review you have the option of asking for an individual hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on an "de novo" basis, which means they don't give deference the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the time consuming appeals path and typically takes one to three years to receive an updated decision.

What is the average cost a lawyer can charge?

Lawyers may charge a fee for assisting you appeal an VA disability decision. The law in place today does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable in the event that the lawyer wins your case or increases your benefits via an appeal. Typically the fees will be paid out of any lump-sum payment you receive from the VA.

Veterans may be able to find accredited representatives via the VA's searchable database that lists licensed attorneys or claims agents. These people are accredited by the Department of sellersville veterans disability lawsuit Affairs and can represent service members, veterans or dependents in a vast spectrum of cases such as disability compensation claims and pension claims.

Most disability advocates for veterans are paid on an hourly basis. This means that they will only be paid if they are successful in winning the appeal of the client and get back pay from the VA. The amount of backpay awarded can vary but it could be as high as 20 percent of the claimant's past-due benefits.

In rare instances, an agent or attorney may choose to charge on the basis of an hourly rate. This is uncommon due to two reasons. These matters can take a long time to resolve. Additionally, many veterans and their families are unable to afford to pay on an hourly basis.