Veterans Disability Litigation

Ken assists veterans in navigating the system to help them obtain the disability benefits they deserve. He assists his clients at 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, disproportionately refusing their disability claims.

What is what is VA Disability?

The amount of monetary compensation per month paid to trenton veterans disability lawyer with disabilities resulting from service is based on their disability rating. The rating is based on the severity of the injury or illness and can range from zero and 100% in increments of 10% (e.g. 20 percent 30%, 20%, etc.). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation like the individual unemployed, the automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to basic disability compensation.

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

Code of Federal Regulations lists numerous conditions that qualify a veteran to receive disability compensation. However, a few of these conditions require an expert's opinion. An experienced veteran lawyer can assist clients in obtaining this opinion and present the evidence required to prove a claim for disability compensation.

Sullivan & Kehoe is experienced in representing gainesville veterans disability attorney with disabilities claims and appeals. We are dedicated to assisting our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself at a Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I make a claim?

First, veterans must look up the medical evidence supporting their condition. This includes X-rays and doctor's reports, as well in any other documentation related to the condition of the veteran. It is crucial to provide these documents to the VA. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).

The next step is to file an intent to file. This form allows the VA review your claim even before you have the proper information and medical records. This form also ensures the date you can start receiving your compensation benefits in the event that you have a successful case.

The VA will schedule your medical exam after all the information has been received. The VA will schedule the exam based on the number of disabilities as well as the type of disability you claim. Make sure you take this exam, as in the event you fail to take it the exam could delay your claim.

Once the examinations are complete After the examinations are completed, after the examinations are completed, VA will review the evidence and send you a decision package. If the VA refuses to accept the claim you will have one year to request a higher level review.

A lawyer can assist you at this point. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is an enormous benefit to those seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a difficult experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. You don't have to list every reason but you should include everything you disagree with.

You must also request your C-file or claims file to see what evidence the VA used to make their decision. There are often insufficient or missing records. This can sometimes lead to an error in the rating.

When you file your NOD, you will need to decide if you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success with the DRO review DRO review than with the BVA.

You can request a private hearing with a senior rating expert via a DRO review. The DRO will conduct an investigation of your claim on a "de de novo" basis, meaning they will not give any deference to the previous decision. This usually results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the time demanding appeals process and usually takes between one and three years to get an updated decision.

What is the cost an attorney could charge?

A lawyer can charge a fee to assist appeal an VA decision on a disability claim. However, the law currently prohibits lawyers from charging fees to assist in a claim. This is due to the fact that the fee has to be contingent on the lawyer winning your case or having your benefits increased through an appeal. Typically, these fees will be paid out of any lump-sum payments you get from the VA.

Veterans may be able to find accredited representatives via the VA's searchable database of accredited attorneys or claims representatives. These people have been accredited by the Department of dunlap veterans disability lawsuit Affairs to represent service members, veterans and their dependents or survivors in a variety of issues including pension and disability compensation claims.

The majority of veterans' disability advocates work on a contingency. This means that they will only be paid if they prevail in the appeal of the client and get back payments from the VA. The amount of backpay granted can differ however it could be as high as 20 percent of the claimant's past due benefits.

In rare instances, an agent or lawyer may choose to charge an hourly rate. This is uncommon due to two reasons. First, these issues tend to be time-consuming and can go on for months or even years. Additionally, many veterans and their families are unable to afford to pay an hourly fee.