Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability compensation they are entitled to. He is also a lawyer for 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, according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The disability rating determines the amount of monthly payments to veterans with disabilities that are related to service. This rating is based upon the severity of an illness or injury, and can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their family.

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

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

A majority of the conditions that can qualify disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. An experienced veteran attorney can help a customer obtain this opinion, and supply 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 ensuring that our clients obtain the disability benefits that they deserve. We have handled thousands of disability cases and are knowledgeable in the complex nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans' rights a top priority in his practice after he successfully represented himself in a Board of Waunakee Veterans Disability Lawsuit (Https://Vimeo.Com/709868628) Appeals hearing.

How do I submit a claim?

First, veterans must locate the medical evidence that supports their disability. This includes X-rays and doctor's reports, as well in any other documentation related to the condition of the veteran. It is vital to provide these documents to the VA. If a veteran doesn't have these documents, the VA should be notified by the claimant (or their VSO).

The next step is to make an intent to file. This form allows the VA review your claim even before you have the proper information and medical records. The form also keeps the date of effective compensation benefits in case you succeed in your claim.

The VA will schedule your medical exam once all of the details have been received. It will depend on the amount and type of disability you claim. Attend this exam as missing it could delay the process of your claim.

After the examinations are completed After the examinations are completed, the VA will examine the evidence and then send you a decision package. If the VA rejects the claim, you will have one year to request a more extensive review.

A lawyer can help in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a very frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has 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 list all the points you disagree with.

You must also request your C-file, or claims file, so that you can see what evidence the VA used to arrive at their decision. In many cases there are gaps or insufficient records. In some cases it could lead to an error in the rating decision.

If you submit your NOD you will need to decide if you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when the DRO examines your case rather than if it's viewed by the BVA.

You can request a personal hearing with a senior rating expert via the process of a DRO review. The DRO will conduct a review of your claim on the basis of a "de novo" basis, which means they do not give deference to the previous decision. This typically results in a completely new castle veterans disability lawyer Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and can take up to three years to reach an update on the decision.

What is the average cost a lawyer can charge?

Lawyers may charge a fee to help 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. This is because the fee has to be contingent upon the lawyer winning your case, or getting your benefits increased by an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database of accredited attorneys or claims representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors in a range of issues including disability compensation and pension claims.

The majority of veterans' disability advocates work on a contingency. This means that they are only paid if they prevail in the client's appeal and receive back payment from the VA. The amount of backpay that is given can be different, but it can be as high as 20 percent of a claimant's past due benefits.

In rare instances an attorney or agent may choose to charge an hourly fee. This isn't often the case due to two reasons. First, these matters are often time consuming and can take months or even years. The second reason is that many veterans and their families are unable to afford to pay an hourly rate.