Veterans Disability Litigation

Ken counsels military veterans to assist them in getting the disability benefits they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by generally denying their disability claims according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

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

VA provides additional compensation through other programs, including individual unemployment allowances for clothing, hospitalization and prestabilization, car allowances, and hospitalization allowances. These are in addition to the standard disability compensation.

The Social Security Administration also gives veterans special credits that they can use to boost their earnings over time to qualify for retirement or disability benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists several conditions that qualify a veteran to receive disability compensation. However, some of these conditions require an expert's advice. A veteran lawyer with experience can assist a client in obtaining an opinion, and also provide the evidence required to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to ensuring that our clients get the disability benefits that they are entitled to. We have handled thousands disability cases and we are well-versed with the intricacies of VA laws and procedures. Our firm was founded in 1996 by a disabled veteran who, after successfully representing himself at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.

How do I make a claim?

cedar falls veterans disability law firm need to first collect the medical evidence supporting their disability. This includes X-rays and doctor's reports, as well as any other documentation related to the veteran's condition. Providing these records to the VA is very important. If a veteran doesn't have these documents, they should be given to the VA by the claimant or Vimeo their VSO (veteran service organization).

The next step is a filing of an intention to file. This form lets the VA to review your claim before you have the proper information and medical records. It also preserves your date of effective for benefits should you prevail in your case.

Once all the information is received when all the information is in, the VA will arrange an examination for you. It will depend on the type and number of disability you claim. Attend this exam as missing it could delay the processing of your claim.

After the examinations have been completed, the VA will examine the evidence and then send you a decision package. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can help you at this point. VA-accredited lawyers are now involved in the appeals from the beginning which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to jessup veterans disability law firm can be extremely frustrating. The VA provides an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA why you disagree with their decision. You don't need to list every reason, but you must state all the issues that you don't agree with.

You should also request your C-file, or claims file, to determine the evidence that the VA used to reach their decision. In many cases, there are missing or insufficient records. In some cases it could lead to an error in the rating decision.

When you submit your NOD, you'll be asked if you would like your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general, you will be more likely to have success when you opt for the DRO review DRO review than with the BVA.

You can request a personal hearing with an expert in senior rating through the process of a DRO review. The DRO will examine your claim "de novo" which means that they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest appeals process and can take up to three years to reach an update on the decision.

How much does an attorney charge?

Lawyers can charge a fee to assist you appeal a VA decision on the basis of disability. The current law does not permit lawyers to charge for initial assistance in a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case or getting your benefits increased through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans may be able to identify accredited representatives by using the VA's searchable database for accredited attorneys or claims representatives. They are vetted by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast range of matters, including pension and disability compensation claims.

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

In rare instances an attorney or agent might decide to charge an hourly fee. This is uncommon due to two reasons. First, these situations are often time consuming and can take months or even years. Second, most veterans and their families cannot afford to pay for these services on an hourly basis.