Veterans Disability Litigation

Ken advises veterans of the military to assist them in obtaining the disability compensation they deserve. He also represents clients at VA Board of portola valley 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 disproportionately denying their disability claims.

What is a VA disability?

The disability rating determines the amount of monthly payments to veterans with service-related disabilities. This rating is based on the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The compensation is not subject to tax and provides a basic income to the disabled veteran and his family.

VA provides additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These benefits are in addition to basic disability compensation.

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

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. Certain of these conditions, however require an expert's advice. An experienced lawyer can assist clients in obtaining this opinion and present the evidence required to prove an application for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients receive the disability benefits that they are entitled to. We have handled hundreds of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.

How do I make a claim?

First, veterans need to locate the medical evidence supporting their impairment. This includes any X-rays, doctor's reports, or other documents related to their condition. Giving these records to VA is vital. If a veteran does not 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 is a form that allows the VA to review your claim, even before you have all the medical records that you require. It also ensures that you have an effective date for compensation benefits if you win your case.

The VA will schedule your medical exam after all the details have been received. This will be dependent on the amount and type of disabilities you are claiming. Make sure you attend the exam, since If you don't, it could delay your claim.

Once the tests are complete After the examinations are completed, after the examinations are completed, VA will examine the evidence and then send you a decision packet. If the VA rejects the claim, you have a year to request a higher level review.

At this moment, a lawyer could help you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a a huge benefit to those who seek disability benefits.

How do I appeal a denial?

The denial of disability benefits for Cleveland veterans disability attorney can be extremely frustrating. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your notice of disagreement, you must tell the VA why you are not happy with their decision. You don't have to list all of the reasons, but you should mention all the points you disagree with.

You should also request your C file or claims file so that you can determine the evidence that the VA used to make their decision. Sometimes there are gaps or insufficient records. In some instances this could result in an error in the rating decision.

If you file your NOD, it will be asked to select whether you want your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO examines your case than if it's reviewed by the BVA.

In the event of the DRO review you have the option of asking for an individual hearing with a senior rating specialist. The DRO will conduct an investigation of your claim on a "de de novo" basis, which means that they do not give deference to the previous decision. This typically results in a new Rating Decision. You may also decide to request that the BVA in Washington review your claim. This is the longest appeals procedure and can take up to three years to reach an update on the decision.

How much does a lawyer charge?

A lawyer can charge a fee for assisting you appeal an VA disability decision. The law as it stands today does not allow lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee has to be dependent on the lawyer winning your case or getting your benefits increased through an appeal. Typically these fees are directly derived from any lump-sum payment you receive from the VA.

Veterans can search the VA's database of accredited attorneys or claim agents to locate accredited representatives. They have been vetted by the Department of cary veterans disability attorney Affairs to represent service members, veterans, dependents, or survivors on a range of issues including pension and disability compensation claims.

Most veterans' disability advocates are paid on the basis of a contingent. They only receive compensation when they win their client's appeal, and also receive back pay from VA. The amount of back pay granted varies, but could be as much as 20 percent of the claimant's total past-due benefits.

In rare instances an attorney or agent might decide to charge an hourly rate. This is uncommon due to two reasons. These issues can take a long time to resolve. In addition, many veterans and their families cannot afford to pay an hourly fee.