Veterans Disability Litigation

Ken counsels military veterans to help them get the disability compensation they deserve. He assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, discriminating against their disability claims in an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The disability rating determines the amount of monthly compensation that is paid to american fork veterans disability law firm who have service-related disabilities. This rating is determined by the severity of an injury or illness and can vary between zero and 100% in increments of 10 percent (e.g. 20% 30 percent, 30%, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.

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

In addition to these benefit programs, the Social Security Administration gives military veterans special credit to boost their lifetime earnings for disability or retirement benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which allow munroe falls veterans disability lawsuit to be eligible for disability compensation. Certain of these conditions however require the opinion of an expert. A veteran lawyer with experience can assist a client in obtaining an opinion, and also provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to ensuring that our clients receive the disability benefits they are entitled to. We have handled hundreds of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans' rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans must first gather the medical evidence that proves their disability. This includes Xrays or doctor's reports, as well with any other documentation that is related to the condition of the veteran. It is vital to provide these records to VA. 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 the filing of an intent to file. This form allows the VA review your claim even before you have all the required information and medical records. It also preserves your effective date for receiving compensation when you win your case.

The VA will schedule your appointment after all the information has been received. It will depend on the quantity and type of disabilities you are claiming. Don't miss this exam because it could delay the processing of your claim.

After the examinations are completed, the VA will examine the evidence and send you a decision-making packet. If the VA denies the claim, you will have one year to request a more extensive review.

A lawyer can be of assistance at this point. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is an enormous benefit to those who are seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be frustrating. 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 Rating decision. In your Notice of Disagreement, you must tell the VA why you disagree with their decision. It is not necessary to list every reason, but you should be clear about the issues you disagree with.

It's also crucial to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. Often times, there are missing or insufficient records. This could lead to a mistake in the rating.

When you file your NOD, you must choose whether you want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a better chance of success with a DRO review than with the BVA.

When you request a DRO review you can request an individual hearing with a senior rating specialist. The DRO will review your claim "de de novo" which means that they will not defer to the previous decision. This typically results in an entirely new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the longest lengthy appeals procedure and typically takes between one and three years for an updated decision.

How much can an attorney charge?

A lawyer could charge a fee to assist you appeal an VA disability decision. The law currently does not allow lawyers to charge for initial assistance in a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits via an appeal. Typically the fees are directly derived from the lump-sum payments that you receive from the VA.

winter haven veterans disability lawyer may be able find accredited representatives through the VA's searchable database that lists accredited attorneys or claims representatives. They are vetted by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad range of matters including disability compensation claims and pension claims.

Most veterans' disability advocates work on a contingency basis. They only get paid when they succeed in winning their client's appeal and they are also paid back from VA. The amount of back pay granted varies, but could be as much as 20 percent of the claimant's total past due benefits.

In rare cases lawyers or agents may choose to charge an hourly fee. This is uncommon due to two reasons. These matters could take months or even years to resolve. The second reason is that most veterans and their families cannot afford to pay on an hourly basis.