Veterans Disability Litigation

Ken advises veterans of the military to assist them in getting the disability benefits they deserve. He also represents clients at VA Board of edinburgh veterans Disability lawyer 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 by denial of their disability claims.

What is what is VA disability?

The amount of monetary compensation per month paid to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of an injury or illness and can range from zero and 100% in increments of 10 percent (e.g. 20 percent, 30%, etc.). The compensation is not subject to 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 prestabilization and hospitalization benefits. These 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 special credits to increase their disability or retirement benefits. These additional credits are referred to as "credit for service."

Many of the conditions that allow an individual for disability compensation are included in the Code of Federal Regulations. However, a few of these circumstances require an expert's opinion. An experienced lawyer can help a client obtain this opinion and provide the proof needed to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients receive the disability benefits they deserve. We have handled thousands disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.

How do I make a claim?

Veterans must first gather the medical evidence of their disability. This includes X-rays or doctor's notes, as well with any other documentation that is related to the veteran's condition. It is important to provide these records to VA. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to file an intent to file. This form permits the VA to begin reviewing your claim before you have all the medical records you require. It also keeps your effective date for receiving compensation should you prevail in your case.

Once all the information is received after all the information has been received, the VA will schedule an exam for you. The VA will schedule the exam depending on the amount of disabilities you have and the type you are claiming. Don't miss this exam because it could delay the process of your claim.

The VA will send you a decision package once the examinations have been completed. If the VA denies your claim you have one year from the date of the letter to request a higher-level review.

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

How do I appeal a denial?

A refusal of veterans disability benefits can be a frustrating experience. Fortunately the VA has an appeals procedure for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disparage, you must inform the VA the reasons you don't agree with their decision. You don't have to list every reason, but you should list all the points you disagree 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 usually documents that are not complete or have been deleted. This can result in a mistake in the rating.

If you submit your NOD you will need to decide if you want to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success with 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 be influenced by the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most time demanding appeals process and usually takes anywhere from one to three years to receive a new decision.

How much will a lawyer charge?

A lawyer may charge a fee for helping you appeal a VA decision on the basis of disability. However, the law currently prohibits lawyers from charging for assistance in the case. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. Typically these fees are paid directly out of any lump-sum payments you receive from the VA.

Veterans may locate accredited representatives using the VA's searchable database for accredited attorneys or claims representatives. They are vetted by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast variety of cases including disability compensation claims and pension claims.

Most disability advocates for platte city veterans disability lawsuit operate on a contingent basis. They only get paid when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's past-due benefit award.

In rare instances attorneys or agents may choose to charge on an hourly basis. This isn't often the case due to two reasons. First, these matters are usually time-consuming and can take months or even years. Additionally, many veterans and their families cannot afford an hourly fee.