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Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken 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 mexico veterans disability lawsuit Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.

What is a VA disability?

The amount of monetary compensation per month provided to veterans suffering from service connected disabilities is based on their disability rating. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in 10% increments (e.g. 20%, 20%, 30% etc). The amount is devoid 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 such as individual unemployment, car allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to basic disability compensation.

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

Many of the conditions that allow an individual for disability compensation are mentioned in the Code of Federal Regulations. However, certain conditions require an expert’s opinion. An experienced lawyer can assist a client obtain this opinion, and supply the necessary evidence to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients receive the benefits they’re entitled to. We have handled hundreds of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing, made veterans’ rights a priority for his practice.

How do I make a claim?

Veterans must first gather the medical evidence to prove their impairment. This includes X-rays, doctor’s reports, or other documents regarding their health. It is essential to submit these documents to the VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This form allows the VA to review your claim before you have the proper information and medical records. It also protects your date of eligibility for compensation benefits in the event that you win your case.

When all the data is submitted when all the information is in, the VA will schedule an examination for you. The VA will schedule the exam in accordance with the amount of disabilities you have and the type you claim. Make sure you take this test, because should you miss it and fail to take it, it could hinder your claim.

After the examinations have been completed After the examinations are completed, the VA will examine the evidence and give you a decision package. If the VA rejects the claim, you’ll have a year to request a more extensive review.

A lawyer can assist you in this situation. Lawyers who are accredited by VA can now be involved in appeals from the start, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans’ disability benefits can be frustrating. Thankfully, the VA has an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your notice of disagreement, you have to tell the VA why you disagree with their decision. You don’t need to list every reason, but you should state all the issues that you don’t agree with.

You must also request a C-file or claims file to see the evidence that the VA used to reach their decision. There are usually insufficient or vimeo.Com missing records. This can result in a mistake in the rating.

After you have submitted your NOD, it will be asked to choose whether you want your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you’ll have more of a chance of success if the DRO examines your case than when it’s reviewed by BVA.

In the event of a DRO review you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will review your claim “de de novo” this means they will not rely on the previous decision. This typically results in the issue of a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the longest appeals procedure and can take approximately three years to get a new decision.

What is the average cost a lawyer can charge?

A lawyer may charge a fee if appeal the VA decision on a disability claim. The law as it stands today does not permit lawyers to charge fees for assistance with a claim in the beginning. This is because the fee is contingent on the lawyer winning your case or having your benefits increased through an appeal. Typically the fees will be paid directly out of any lump-sum payments you get from the VA.

Veterans may locate accredited representatives using the VA’s searchable database for accredited attorneys or claims representatives. These individuals are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a wide spectrum of cases such as pension and disability compensation claims.

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

In rare cases lawyers or agents might decide to charge an hourly rate. This is rare for two reasons. First, these cases tend to be time-consuming and can last for months or even years. Second, many veterans and their families can’t afford an hourly fee.