Raymore Veterans Disability Lawsuit Disability Litigation

Ken assists veterans to obtain 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 denial of their disability claims.

What is what is VA disability?

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

VA offers additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization, car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credits they can use to increase their earnings over time to be eligible for disability or retirement benefits. These 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. However, some of these conditions require an expert's opinion. An experienced lawyer can assist a client obtain this opinion, and provide the necessary evidence to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients obtain the benefits they're entitled to. We have handled hundreds of disability cases and are well-versed in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself at a Board of Veterans Appeals Hearing, made veterans' rights the top priority in his practice.

How do I make a claim?

First, veterans need to track down the medical evidence that supports their impairment. This includes Xrays, doctor's notes or other evidence related to their health. The submission of these records to the VA is essential. If a veteran doesn't have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to fill out an intent to file. This form lets the VA examine your claim even before you have the needed information and medical records. It also protects your effective date for compensation benefits when you win your case.

When all the information is received when all the information is in, the VA will schedule an exam for you. This will depend on the type and number of disabilities you are claiming. Make sure you attend the exam, since should you miss it and fail to take it, glenarden veterans disability law firm it could hinder your claim.

After the examinations are completed, the VA will review the evidence and send you a confirmation packet. If the VA rejects the claim, you'll have one year to request a higher level review.

A lawyer can be of assistance at this point. VA-accredited lawyers are now involved in the appeals right from the beginning, which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a frustrating experience. Fortunately 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 sent you the Rating decision. In your Notice of Disagreement, you should explain to the VA why you disagreed with their decision. It is not necessary to list every reason, but you should mention all the aspects you don't agree with.

It's also important 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 gaps 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 prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a better 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 can request a personal hearing before an experienced senior rating specialist. The DRO will examine your claim "de de novo" which means that they will not accept the previous decision. This usually results in a totally new Rating Decision. You can also have the BVA in Washington review your claim. This is the longest appeals process, and it could take up to three years to reach an appeal to be heard.

How much can a lawyer charge?

Lawyers may charge a fee for helping you appeal a VA disability decision. However, current law prohibits lawyers from charging for assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans may find accredited representatives via the VA's searchable database of certified attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent service members, elk city veterans disability lawyer or dependents in a wide variety of cases that include disability compensation claims and pension claims.

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

In rare instances lawyers or agents could decide to charge an hourly fee. This is uncommon due to two reasons. First, these situations are often time consuming and can drag on for months or even years. In addition, many veterans and their families don't afford to pay an hourly fee.