Veterans Disability Litigation

Ken advises veterans of the military to assist them in obtaining the disability compensation they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black villa rica veterans disability law firm for a long time by disproportionately rejecting their disability claims, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is determined on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The compensation is tax-free and serves as a basic income for the disabled veteran and their families.

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

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

A majority of the conditions that make a veteran for disability compensation are mentioned in the Code of Federal Regulations. However, some of these conditions require an expert opinion. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the evidence needed to support the claim for disability benefits.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to ensuring that our clients receive the disability benefits that they are entitled to. We have handled thousands of disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.

How do I make a claim?

First, veterans need to find the medical evidence that supports their condition. This includes X-rays, doctor's reports or any other documentation regarding their medical condition. Making these records available to the VA is essential. If a veteran doesn't have these documents and the VA must be informed by the applicant (or their VSO).

The next step is to file an intent to file. This is a form that allows the VA to begin reviewing your claim before you have all the medical records you need. It also protects your effective date for receiving compensation in the event that you win your case.

The VA will schedule your examination once all of the information is received. The VA will schedule an exam depending on the amount of disabilities you have and the type of disability you claim. Don't miss this exam because it could delay the process of submitting your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA denies your claim you have one year from the date of the letter to request a more thorough review.

A lawyer can assist you in this situation. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a a huge benefit to people 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 for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disparage, you have to tell the VA the reason you don't like their decision. It is not necessary to list every reason, but you must list all the points you don't agree with.

You should also request your C file, or claims file, to determine what evidence the VA used to arrive at their decision. In many cases there are gaps or incomplete records. This can lead to a mistake in the rating.

If you submit your NOD you will need to decide if you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success when the DRO reviews your case, compared to when it's reviewed by the BVA.

With the DRO review, you have the option of asking for an individual hearing with a senior rating specialist. The DRO will conduct an examination of your claim on the basis of a "de de novo" basis, which means they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. You can also have the BVA in Washington examine your claim. This is the longest demanding appeals process and usually can take between one and three years to get an updated decision.

How much can a lawyer charge?

Lawyers can charge a fee to assist you appeal a VA decision on an appeal for disability. But, current law prohibits lawyers from charging for assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans can use the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad variety of cases that include pension claims, disability compensation and claims.

Most disability advocates for veterans are paid on the basis of a contingent. They only get paid when they win their client's appeal, and they receive back pay from VA. The amount of back pay that is given varies, but it can be as high as 20 percent of the claimant's past-due benefit.

In rare instances, an agent or lawyer could decide to charge an hourly rate. This is uncommon due to two reasons. These issues can take a long time to resolve. Second, many waukegan veterans disability Law firm and their families don't afford to pay an hourly fee.