Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they are entitled to. He also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, rejecting their disability claims in adisproportionate way as per the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. The rating is determined by the severity of the illness or injury and can range from 0% up to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation, such as individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.

In addition to these benefit programs the Social Security Administration gives military veterans special credit to boost their earnings over the course of their lives for retirement or disability benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. However, certain conditions require an expert's advice. A veteran lawyer with experience can assist a client obtain an opinion, and also provide the evidence required to prove an claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the benefits they're entitled to. We have handled thousands of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans rights a major part of his practice after he successfully represented himself in a Board of holmes beach veterans disability lawsuit Appeals hearing.

How do I submit a claim?

Veterans must first find the medical evidence that proves their impairment. This includes X-rays and doctor's notes, as well with any other documentation that is related to the veteran's condition. It is important to provide these records to VA. If a veteran doesn't have these documents, the VA must be informed by the claimant (or their VSO).

The next step is to file an intent to file. This form allows the VA examine your claim even before you have the needed information and medical records. This form also ensures the date on which you will receive your compensation benefits in the event you have a successful case.

When all the data is provided when all the information is in, the VA will schedule an examination for you. It will depend on the quantity and type of disability you claim. Make sure that you take this exam, as if you miss it, it could delay your claim.

The VA will send you a decision-making package after the tests have been completed. If the VA refuses to accept the claim you will have one year to request a more extensive review.

At this moment, a lawyer will assist you. Accredited lawyers from VA can be involved in appeals right from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for middletown veterans disability attorney can be extremely frustrating. Thankfully, the VA has an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement, you should explain to the VA why you disagreed with their decision. It is not necessary to list all of the reasons but you should include all the points you disagree with.

It's also important to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. There are usually incomplete or missing data. In certain cases, this can lead to an error in the rating decision.

When you file your NOD, you must choose whether you would like to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.

In the event of the DRO review you have the option of asking for a personal hearing before a senior rating specialist. The DRO will examine your claim "de novo" which means they will not be influenced by the previous decision. This usually results in a totally new Rating Decision. You may also opt to have the BVA in Washington review your claim. This is the most lengthy appeals process and can take approximately three years to get a new decision.

How much does an attorney charge?

A lawyer may charge a fee for helping you appeal a VA decision on an appeal for disability. The law as it stands today does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable when the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans may be able find accredited representatives through the VA's searchable database for accredited attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad range of matters such as pension claims, disability compensation and claims.

Most disability advocates for veterans are paid on an hourly basis. They only receive compensation when they win their client's appeal, and they also receive back pay from VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total past-due benefit.

In rare instances, an agent or attorney might decide to charge on an the basis of an hourly rate. However, en.easypanme.com this is uncommon due to two reasons. These matters could take months or even years to be resolved. In addition, many veterans and their families don't afford an hourly rate.