Why Everyone Is Talking About Veterans Disability Case Today

Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. He also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of veterans disability lawyer Affairs discriminated against Black veterans for decades 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 monthly monetary compensation that veterans receive for attorneys service-related disabilities is determined on their disability rating. This rating is based upon the severity of an injury or illness and can range from 0% and 100% in increments of 10% (e.g. 20 percent 30, 30 percent, etc.). The compensation is free of tax and provides a basic amount of income to the disabled veteran and his family.

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

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

Code of Federal Regulations lists a variety of conditions that can qualify a veteran for disability compensation. Some of these conditions, however require an expert's advice. An experienced lawyer can assist a customer in obtaining this opinion and 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 they deserve. We have handled a variety of disability cases and are familiar with the intricacies of VA rules and regulations. Our firm was established in 1996 by a disabled vet who, after successfully representing himself in a Board of Veterans Appeals Hearing, made veterans' rights an important aspect of his work.

How do I claim a benefit?

veterans disability lawyer must first find the medical evidence supporting their disability. This includes Xrays or doctor's reports, as well as any other documentation related to the veteran's condition. Making these records available to the VA is vital. 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 a filing of an intention to file. This is a form that allows the VA to begin reviewing your claim, even before you have all the information and medical records you require. This form also protects the date you can start receiving your compensation benefits in the event that you succeed in your claim.

If all the required information is in after all the information has been received, the VA will schedule an exam for you. The VA will schedule the exam based on the severity of your disability and the type you claim. Make sure that you take this test, because in the event you fail to take it, it could delay your claim.

Once the tests are complete After the examinations are completed, the VA will examine the evidence and then send you a decision packet. If the VA refuses to accept the claim you'll have one year to request a more thorough review.

A lawyer can help at this point. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is hugely beneficial to those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a very frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit the Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice Of Disagreement you should state to the VA why you disagreed with their decision. You don't need to list every reason, but you should be clear about the issues you disagree with.

It's also important to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. Sometimes there are missing or incomplete records. In some instances this could lead to an error in the rating decision.

If you file your NOD, you'll be asked to select whether you want your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. In general, you will have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will conduct the review of your claim on an "de de novo" basis, which means that they will not give deference to the previous decision. This typically results in a totally new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the most lengthy appeals process and can take up to three years for a new decision.

What is the average cost a lawyer can charge?

Lawyers can charge a fee to help you appeal a VA decision on a disability claim. However, current law prohibits lawyers from charging fees to assist in the case. The fee is only due if the lawyer is successful in your case or increases your benefits via an appeal. Typically the fees will be paid out of any lump-sum payments you get from the VA.

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

Most disability advocates for veterans are paid on a contingent basis. This means that they only get paid if they prevail in the appeal of the client and get back pay from the VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's total past due benefit amount.

In rare instances attorneys or agents may decide to charge on an the basis of an hourly rate. However, this is not the norm due to two reasons. First, these cases tend to be time-consuming and can last for months or even years. Additionally, many veterans and their families cannot afford an hourly rate.