Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they deserve. Ken also represents clients in 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 disproportionately denying their disability claims.

What is a VA disability?

The amount of monthly monetary compensation paid to greenville veterans disability lawyer with service-related disabilities is based on their disability rating. The rating is determined by the severity of the illness or injury and can vary from 0% to 100 percent in increments of 10% (e.g. 20%, 20 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, for example individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These are in addition to the regular disability compensation.

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

Many of the conditions that can qualify an individual for disability compensation are listed in the Code of Federal Regulations. However, a few of these conditions require an expert opinion. An experienced lawyer can assist a client in obtaining this opinion and 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 committed to helping our clients get the disability benefits they deserve. We have handled a variety of disability cases and are well-versed with the intricacies of VA rules and regulations. Our firm was created by a disabled veteran who made fighting for Vimeo veterans' rights a key part of his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I make a claim?

The first step is to locate the medical evidence for their impairment. This includes X-rays and doctor's notes or other evidence relevant to their medical condition. It is important to provide these records to VA. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).

The next step is the filing of an intention to file. This form allows the VA to begin reviewing your claim before you have all the medical records that you require. It also protects your effective date for receiving compensation when you win your case.

When all the data is provided when all the information is in, the VA will schedule an examination for you. This will depend on the quantity and type of disability you claim. Attend this exam as missing it could delay the process of your claim.

After the examinations have been completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and give you a confirmation packet. If the VA rejects the claim, you will have one year to request a more thorough review.

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

How do I appeal a denial?

Denial of perth amboy veterans disability attorney' disability benefits is a frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement you must inform the VA why you are not happy with their decision. You don't need to list all of the reasons, Vimeo but you should mention everything you disagree with.

It is also essential to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. There are usually incomplete or missing records. In certain cases this could result in an error in the rating decision.

After you have submitted your NOD, it will be asked to decide if you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will be more likely to have success when you opt for the DRO review DRO review than with the BVA.

With a DRO review you can request a personal hearing before a senior rating specialist. The DRO will conduct the review of your claim on a "de de novo" basis, meaning they don't give deference the previous decision. This typically results in a completely new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most lengthy appeals process and can take up to three years to reach a new decision.

What is the average cost a lawyer can charge?

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

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

The majority of veterans' disability advocates are paid on an hourly basis. They only receive compensation when they succeed in winning their client's appeal and they are also paid back from VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's total past due benefit.

In rare instances an attorney or agent may choose to charge an hourly fee. However, this is uncommon for two reasons. These issues could take months or even years to be resolved. Second, Vimeo most veterans and their families can't afford to pay on an hourly basis.