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Veterans Disability Litigation

Ken counsels veterans of the military to assist them in getting 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 an VA Disability?

The disability rating determines the amount of compensation per month paid to veterans with service-connected disabilities. This rating is determined by the severity of the injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20%, 30 percent, etc.). The compensation is free of tax and provides a basic income to the disabled veteran and his family.

VA provides additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization, automobile allowances, and hospitalization allowances. These benefits are in addition to basic 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 retirement or disability benefits. These credits are referred to as “credit for service.”

A majority of the conditions that allow dickson veterans disability lawyer for disability compensation are described in the Code of Federal Regulations. However, certain circumstances require an expert’s opinion. An experienced veteran attorney can assist a customer in obtaining this opinion and provide the evidence required to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to ensuring that our clients get the disability benefits that they deserve. We have handled hundreds of disability cases and are proficient in the complexities of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I make a claim?

The first step is to find the medical evidence that supports their disability. This could include X-rays, doctor’s reports as well any other documentation pertaining to the condition of the veteran. It is crucial to provide these records to VA. If a veteran doesn’t have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to fill out an intent to file. This form allows the VA to review your claim before you have the necessary information and medical records. This form also preserves the date you can start receiving your compensation benefits in case you have a successful case.

When all the data is submitted after all the information has been received, the VA will schedule an examination for you. This will depend on the amount and type of disabilities you are claiming. Make sure you attend the exam, since if you miss it the exam could delay your claim.

The VA will send you a decision-making package after the examinations are completed. If the VA rejects the claim, you will have one year to request a more thorough review.

A lawyer can be of assistance at this point. Lawyers who are accredited by VA can now be involved in the appeals from the beginning which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a gruelling experience. The VA offers an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you should tell the VA why you are not happy with their decision. You don’t have to give every reason, but you must mention all the aspects you disagree with.

You must also request a C-file or claims file so that you can determine the evidence that the VA used to arrive at their decision. There are often incomplete or missing records. This can lead to an error in the rating.

When you submit your NOD it is up to you to decide if prefer to have your situation reviewed 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 examines your case rather than if it’s reviewed by the BVA.

You can request a personal hearing with a senior rating expert via an DRO review. The DRO will conduct an examination of your claim on an “de novo” basis, which means they do not give deference to the previous decision. This typically will result in a brand new Rating Decision. You may also decide to request that the BVA in Washington review your claim. This is the longest appeals process and it can take up to three years for an update on the decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee for helping you appeal the VA decision regarding an appeal for disability. But, current law prohibits lawyers from charging for initial assistance when submitting a claim. This is because the fee has to be dependent on the lawyer winning your case, or getting your benefits increased through an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans can look through the VA’s database of lawyers accredited to practice or claim agents to find accredited representatives. These people are accredited by the Department of eureka veterans disability lawyer Affairs and are able to represent veterans, service members or dependents in a wide range of matters, including pension claims, disability compensation and claims.

Most disability advocates for veterans work on a contingency basis. They only receive compensation when they are successful in defending their client’s case, and they are also paid back from VA. The amount of backpay granted can differ but can be as high as 20 percent of the claimant’s past due benefits.

In rare instances an attorney or agent might decide to charge an hourly fee. However, this is uncommon due to two reasons. These issues could take months or even years to resolve. In addition, many Munhall veterans disability lawyer and their families can’t afford to pay an hourly fee.