Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of chelsea veterans disability lawsuit Affairs discriminated against Black veterans for decades by generally denying their disability claims in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have disabilities that are related to service. This rating is based upon the severity of the injury or illness and can range from 0% to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their families.

The VA also offers other programs that offer additional compensation, such as individual unemployment, car allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the 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 credits are referred to as "credit for service."

Code of Federal Regulations lists several conditions that allow tillamook veterans disability attorney to be eligible for disability compensation. However, some of these circumstances require an expert's opinion. A veteran lawyer with experience can help a customer obtain this opinion and provide the evidence required to prove an claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients to receive the disability benefits they are entitled to. We have handled thousands disability cases and are familiar with the complexities of VA laws and procedures. Our firm was created by a disabled veteran who made fighting for veterans' rights a major part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans must locate the medical evidence to prove their condition. This includes X-rays or doctor's notes, as well any other documentation pertaining to the condition of the veteran. 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 fill out an intent to file. This form allows the VA to review your claim, even before you have all the information and medical records you require. It also preserves your date of effective for benefits should you prevail in your case.

The VA will schedule your examination after all the required information has been received. The VA will set the date for the examination depending on the amount of disabilities you have and the type of disability you claim. Make sure you take this test, because in the event you fail to take it this could affect your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.

A lawyer can help in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a huge benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. The VA has an appeals process to appeal 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 inform the VA the reasons you don't agree with their decision. It is not necessary to list every reason, but you should state all the issues that you disagree 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 often documents that are not complete or have been deleted. In some cases it could lead to an error in the rating decision.

When you submit your NOD, it will be asked to choose whether you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a greater chance of success when you opt for the DRO review DRO review than with the BVA.

When you request a DRO review you have the option of asking for a personal hearing before a senior rating specialist. The DRO will conduct the review of your claim on an "de de novo" basis, meaning they will not give any deference to the previous decision. This typically will result in a brand new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest appeals process, and it could take approximately three years to get an appeal to be heard.

How much will a lawyer charge?

Lawyers may charge a fee for assisting you appeal an VA disability decision. The law in place today does not allow lawyers to charge for assistance with a claim in the beginning. This is due to the fact that the fee must be contingent on the lawyer winning your case or getting your benefits increased by an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans may be able locate accredited representatives using 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 veterans, service members or dependents in a vast variety of cases such as pension claims and disability compensation claims.

Most disability advocates for Weston veterans disability lawsuit work on a contingency basis. This means that they are only paid if they are successful in winning the client's appeal and are awarded back payment from the VA. The amount of backpay awarded can vary but can be as high as 20 percent of the claimant's past due benefits.

In rare cases, an agent or lawyer might decide to charge an hourly fee. This is rare 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.