Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. He also represents 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 an VA disability?

The amount of monthly monetary compensation that veterans receive for service connected disabilities is based on their disability rating. This rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their families.

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

The Social Security Administration also gives somerville veterans disability lawyer special credit that they can utilize to increase their lifetime earnings and be eligible for disability or retirement benefits. These additional credits are referred to as "credit for service."

Many of the conditions that qualify veterans for disability compensation are included in the Code of Federal Regulations. However, a few of these conditions require an expert's opinion. An experienced veteran attorney can help a customer obtain this opinion and provide the necessary evidence to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients obtain the benefits they're entitled to. We have handled thousands disability cases and are well-versed with the intricacies of VA regulations and laws. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself at a Board of Veterans Appeals Hearing, Download free made veterans' rights an important aspect of his work.

How do I submit a claim?

Veterans must first locate the medical evidence supporting their disability. This includes any X-rays, doctor's reports or any other documentation relevant to their health. It is essential to submit these records to VA. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to make an intent to file. This form permits the VA to review your claim even before you have all the medical records that you require. This form also protects the date on which you will receive your compensation benefits in case you succeed in your claim.

When all the information is submitted after all the information has been received, the VA will schedule an examination for you. The VA will schedule an exam according to the amount of disabilities you have and the type you claim. Attend this exam as missing it could delay the process of submitting your claim.

The VA will send you a decision document once the examinations have been completed. If the VA denies the claim, you'll have one year to request a higher level review.

A lawyer can help in this situation. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a a huge benefit to those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans is a frustrating experience. The VA offers an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you should 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 include all the points 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. There are usually incomplete or missing data. This can result in a mistake in the rating.

When you submit your NOD, you'll be asked to decide if you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general, columbia city veterans disability lawsuit you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

If you are subject to the DRO review, you have the option of requesting a personal hearing before a senior rating specialist. The DRO will conduct a review of your claim on a "de novo" basis, which means that they will not give any deference to the previous decision. This typically results in a totally new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest appeals procedure and can take up to three years before you receive a new decision.

How much will a lawyer charge?

Lawyers can charge a fee if you appeal the VA decision regarding an appeal for disability. But, current law prohibits lawyers from charging fees to assist with a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

monroe veterans disability attorney are able to search the database of attorneys accredited by the VA or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a vast variety of cases that include disability compensation claims and pension claims.

Most disability advocates for veterans are paid on a contingent basis. This means that they are only paid if they win the appeal of the client and receive back payments from the VA. The amount of backpay that is awarded can vary but it could be as high as 20 percent of a claimant's past due benefits.

In rare instances an attorney or agent might choose to charge an hourly rate. But, this isn't common for two reasons. First, these issues are usually time-consuming and can last for months or even years. Additionally, many veterans and their families cannot afford an hourly rate.