dolton veterans disability law firm Disability Litigation

Ken assists jupiter veterans disability lawsuit in navigating the system to help them obtain the disability compensation they deserve. Ken also represents his clients in VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School angola veterans disability lawyer Legal Services Clinic this week The Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.

What is an VA disability?

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

VA offers additional compensation through other programs, like individual unemployment, clothing allowances as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to the 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 lifetime earnings for disability or retirement benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. Certain of these conditions, however require an expert's advice. An experienced lawyer can help a client obtain this opinion and provide the proof needed to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing disabled veterans 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 well-versed with the complexities of VA regulations and laws. Our firm was founded in 1996 by a disabled vet who after securing his own representation at 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?

Veterans must first find the medical evidence supporting their disability. This includes X-rays and doctor's reports, as as any other documentation related to the condition of the veteran. It is essential to submit these documents to the 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 a filing of an intention to file. This is a form that permits the VA to begin reviewing your claim even before you have all the medical records required. The form also keeps the date of effective compensation benefits in the event that you are successful in your case.

The VA will schedule your appointment once all of the information is received. The VA will set the date for the examination depending on the number of disabilities and the type you are claiming. Make sure you take this test, because in the event you fail to take it, it could delay your claim.

After the examinations have been completed Once the examinations are complete, after the examinations are completed, VA will examine the evidence and give you a decision-making packet. If the VA denies the claim, you'll have one year to request a higher level review.

At this stage, a lawyer is able to assist you. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be a source of frustration. Thankfully that the VA has an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you should tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you should state all the issues that you disagree with.

It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. There are often insufficient or missing records. This can lead to a mistake in the rating.

When you submit your NOD, you will be asked to choose whether you would like 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 reviews your case than when it's reviewed by BVA.

When you request an DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will conduct a review of your claim on an "de novo" basis, which means that they will not give any deference to the previous decision. This typically results in a totally 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 before you receive a new decision.

How much does a lawyer charge?

A lawyer can charge a fee to help you appeal a VA decision on the basis of disability. The law in place today does not allow lawyers to charge for initial assistance in a claim. This is because the fee is dependent on the lawyer prevailing in 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 are able to search the database of attorneys who are accredited or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or their dependents in a wide spectrum of cases including disability compensation claims and pension claims.

The majority of veterans' disability advocates work on a contingency. They only receive compensation when they prevail in their client's appeal and they also receive back pay from VA. The amount of backpay paid can vary but can be as high as 20 percent of the claimant's past-due benefits.

In rare cases, an agent or lawyer could decide to charge an hourly fee. However, this is uncommon for two reasons. These issues can take a long time to be resolved. In addition, many veterans and their families can't afford an hourly fee.