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veterans disability [click the next site] Litigation

Ken assists veterans to obtain the disability benefits they are entitled to. Ken also represents his clients in VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims in an action filed this week by Yale Law School’s Veterans Legal Services Clinic.

What is an VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans with service-connected disabilities. The rating is based on the severity of an illness or injury and can range from zero and 100% in increments of 10% (e.g. 20 percent 30 percent, 30%, etc.). The compensation is free of tax and provides a basic amount of income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.

In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their earnings over the course of their lives for disability or retirement benefits. These credits are also referred to as “credit for service.”

A majority of the conditions that can qualify a veteran for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions, however require the opinion of an expert. A veteran lawyer with experience can assist a client obtain this opinion, and provide the evidence needed to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the complexities of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for veterans disability attorney‘ rights a top priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

Veterans must first locate the medical evidence that proves their disability. This includes any X-rays, doctor’s reports or any other documentation that relate to their health. Making these records available to the VA is vital. If a veteran does not have these documents, the VA should be notified by the applicant (or their VSO).

The next step is a filing of an intent to file. This is a form that 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 compensation benefits if you win your case.

The VA will schedule your appointment after all the required details have been received. The VA will schedule the exam based on the severity of your disability and the type of disability you claim. Don’t miss this exam because it could delay the processing of your claim.

Once the tests are complete after which after the examinations are completed, VA will examine the evidence and then send you a decision package. If the VA denies your claim you have one year from the date of the letter to request a more thorough review.

At this moment, a lawyer could help you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a a huge benefit to those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be frustrating. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a 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 were dissatisfied with their decision. You don’t need to list all of the reasons 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 reach their decision. Sometimes there are gaps or incomplete records. This can result in a mistake in the rating.

When you file your NOD, it will be asked if you would like your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you’ll be more likely to have success when you opt for a DRO review than with the BVA.

If you are subject to a DRO review, you have the option of requesting an individual hearing with an experienced senior rating specialist. The DRO will conduct an investigation of your claim on an “de novo” basis, which means they will not give deference to the previous decision. This typically results in a new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the most lengthy appeals process and it can take up to three years to reach a new decision.

How much does an attorney charge?

A lawyer may charge a fee to assist appeal a VA decision on the basis of disability. However, current law prohibits lawyers from charging for assistance when submitting a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits by filing an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans are able to search the database of accredited attorneys or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors in a variety of matters including disability compensation and pension claims.

The majority of veterans’ disability advocates work on a contingency basis. They only get paid when they are successful in defending their client’s case, and they receive back pay from VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant’s total past-due benefits.

In rare instances attorneys or agents may decide to charge an an hourly basis. However, this is uncommon for two reasons. First, these issues tend to be time-consuming and can drag on for months or even years. In addition, the majority of veterans and their families cannot afford to pay for these services on an hourly basis.