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millersville Veterans disability Attorney Disability Litigation

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

The Department of franklin veterans disability lawyer Affairs discriminated against Black veterans for decades, disproportionately rejecting their disability claims, according to an action filed this week by Yale Law School’s Veterans Legal Services Clinic.

What is a VA Disability?

The amount of monetary compensation per month that jonesboro veterans disability lawsuit receive for service-related disabilities is based on their disability rating. The rating is determined by the severity of the injury or illness and can range from 0% to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.

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

The Social Security Administration also gives veterans special credits that they can use to boost their lifetime earnings so that they can be eligible for disability or retirement benefits. These credits are also referred to as “credit for service.”

Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. However, certain conditions require an expert’s advice. An experienced veteran attorney can assist a customer in obtaining this opinion, and supply the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients obtain the disability benefits that they deserve. We have handled thousands disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was founded in 1996 by a disabled vet who after securing his own representation at a Board of Veterans Appeals Hearing, made veterans’ rights the top priority in his practice.

How do I file a claim?

First, veterans need to find the medical evidence to prove their impairment. This includes X-rays, doctor’s reports, or other documents regarding their condition. It is crucial to provide these documents to the VA. If a veteran doesn’t have these documents, the VA must be informed by the applicant (or their VSO).

The next step is to fill out an intent to file. This form allows the VA review your claim even before you have the needed information and medical records. It also preserves your date of eligibility for compensation benefits should you prevail in your case.

If all the required information is submitted when all the information is in, the VA will schedule an examination for you. The VA will schedule an examination based on the number of disabilities and the type of disability you’re claiming. Make sure you take this exam, as in the event you fail to take it and fail to take it, it could hinder your claim.

The VA will provide you with a decision package after the tests have been completed. If the VA refuses to accept the claim you will have one year to request a higher level review.

At this moment, a lawyer will assist you. VA-accredited lawyers can now be involved in the appeals right from the beginning, which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans can be a source of frustration. Thankfully the VA has an appeals procedure for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disparage, you should tell the VA why you are not happy with their decision. You don’t need to list every reason, but you should state all the issues that you don’t agree with.

It’s also important to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. There are often incomplete or missing data. This can lead to an error in the rating.

When you file your NOD it is up to you to decide if would like to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. Generally speaking, you’ll have a better chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a private hearing with an expert in senior ratings through an DRO review. The DRO will examine your claim “de novo”, meaning that they will not rely on the previous decision. This usually results in an entirely new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the time lengthy appeals procedure and typically takes between one and three years for a new decision.

What is the average cost a lawyer can charge?

A lawyer can charge a fee if you appeal an VA decision on the basis of disability. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee must be dependent on the lawyer prevailing in your case or getting your benefits increased through an appeal. Typically, these fees will be paid out of any lump-sum payments you get from the VA.

Veterans can look through the VA’s database of lawyers accredited to practice or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a range of issues including disability compensation and pension claims.

Most veterans’ disability advocates are paid on an hourly basis. This means that they will only be paid if they are successful in winning the client’s appeal and are awarded back payment from the VA. The amount of backpay granted can differ, but it can be as high as 20 percent of the claimant’s past-due benefits.

In rare cases lawyers or agents might choose to charge an hourly rate. However, this is uncommon for two reasons. These issues can take a long time to resolve. Additionally, many veterans and their families are unable to afford to pay for these services on an hourly basis.