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effingham Veterans Disability lawyer Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by discriminating against their disability claims, according to a lawsuit filed last week by Yale Law School’s Veterans Legal Services Clinic.

What is what is VA disability?

The disability rating determines the amount of compensation per month paid to veterans with service-connected disabilities. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100 percent in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.

The VA also has other programs that provide additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their lifetime earnings for disability or retirement benefits. These additional credits are known as “credit for service.”

Code of Federal Regulations lists numerous conditions that allow shepherdsville veterans disability law firm to be eligible for disability compensation. However, certain circumstances require an expert’s opinion. An experienced lawyer can assist a client in obtaining this opinion, and supply the evidence required to prove the claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients get the disability benefits that they deserve. We have handled a variety of disability cases and are conversant with the complexities of VA rules and regulations. Our firm was created by a disabled veteran who made fighting for veterans’ rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

The first step is to look up the medical evidence to prove their condition. This includes X-rays and doctor’s reports or any other documentation related to their medical condition. It is essential to submit these documents to the VA. If a veteran does not have these documents, they must be given 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 permits the VA to review your claim before you have all the medical records that you require. It also ensures that you have an date of effective for benefits should you prevail in your case.

The VA will schedule your medical exam when all information is received. This will be dependent on the quantity and type of disability you claim. Attend this exam as missing it could delay the process of your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA rejects the claim, you’ll have one year to request a more thorough review.

At this stage, a lawyer is able to help you. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans is a frustrating experience. Fortunately the VA has an appeals process for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you have to tell the VA the reasons you don’t agree with their decision. You don’t have to list all the reasons but you should include everything that you disagree on.

You should also request your C-file, or claims file, so that you can see the evidence that the VA used to make their decision. There are often incomplete or missing records. In some cases this could result in an error in the rating decision.

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

When you request a DRO review, you have the option of asking for a personal hearing before a senior rating specialist. The DRO will examine your claim “de novo” which means that they will not defer to the previous decision. This typically results in the issue of a new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process, and it could take up to three years for a new decision.

What is the average amount an attorney can charge?

Lawyers can charge a fee to help appeal an VA decision on an appeal for disability. However, current law prohibits lawyers from charging fees to assist in the case. The fee is only payable when the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans are able to search the database of lawyers accredited to practice or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors in a variety of matters such as disability compensation and pension claims.

Most disability advocates for veterans are paid on an ad-hoc basis. This means that they will only be paid if they prevail in the client’s appeal and are awarded back pay from the VA. The amount of back pay that is granted varies, but could be as much as 20 percent of the claimant’s past-due benefit award.

In rare cases lawyers or agents might decide to charge an hourly rate. This is uncommon due to two reasons. These matters can take months or years to resolve. In addition, the majority of veterans and their families are unable to afford to pay for these services on an hourly basis.