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jasper veterans disability lawsuit Disability Litigation

Ken advises Yazoo city Veterans disability attorney of the military to assist them in getting 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 generally denying their disability claims in 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 who have disabilities that are related to service. This rating is based on the severity of the illness or injury and can be as low as 0% and up to 100% in 10% increments (e.g., 20 percent, 30%, etc.). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation such as individual unemployability, automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits 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 disability or retirement benefits. These credits are referred to as “credit for service.”

Code of Federal Regulations lists a variety of conditions that can qualify a veteran for disability compensation. However, a few of these conditions require an expert’s opinion. An experienced veteran attorney can help a customer obtain this opinion and provide the evidence needed to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients get the disability benefits that they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who after securing his own representation in a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an integral part of his practice.

How do I make a claim?

The first step is to track down the medical evidence that supports their disability. This could include X-rays, doctor’s reports, as as any other documentation related to the veteran’s condition. It is essential to submit these records to VA. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intent to file. This form lets the VA review your claim even before you have the needed information and medical records. This form also protects the date on which you will receive your compensation benefits in case you succeed in your claim.

The VA will schedule your examination after all the required information is received. The VA will schedule the exam based on the amount of disabilities you have and the type you are claiming. Make sure that you take this test, because should you miss it and fail to take it, it could hinder your claim.

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

A lawyer can help in this situation. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a a huge benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a frustrating experience. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office which sent you the Rating decision. In your Notice Of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. You don’t need to list every reason, but you must mention all the aspects you don’t agree with.

You must also request a C-file, or claims file, to see the evidence that the VA used to make their decision. There are often documents that are not complete or have been deleted. In some cases this could result in an error in the rating decision.

When you submit your NOD you must choose whether you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you’ll have a better chance of success when the DRO examines your case than if it’s viewed by the BVA.

In the event of the DRO review, you have the option of requesting a personal hearing before a senior rating specialist. The DRO will conduct an investigation of your claim on an “de de novo” basis, which means that they will not give any deference to the previous decision. This typically will result in a brand 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 can take between one and three years to receive an updated decision.

How much does a lawyer charge?

A lawyer may charge a fee for assisting you appeal an VA disability decision. The current law does not allow lawyers to charge fees for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans may be able to find accredited representatives via the VA’s searchable database of certified attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad range of matters, including pension claims and disability compensation claims.

Most disability advocates for veterans are paid on the basis of a contingent. They only get paid when they prevail in their client’s appeal and also receive back pay from VA. The amount of backpay that is granted can differ however it could be as high as 20 percent of a claimant’s past due benefits.

In rare cases, an agent or lawyer may choose to charge an hourly fee. This is rare for two reasons. First, these cases tend to be time-consuming and can drag on for months or even years. In addition, many yoakum veterans disability lawyer and their families are unable to afford to pay an hourly fee.