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Veterans Disability Litigation

Ken helps veterans disability law firm obtain the disability benefits they are entitled to. Ken is also a lawyer for his clients at VA Board of warren veterans disability lawsuit Appeals Hearings.

According to a lawsuit filed by the Yale Law School veterans disability law firm 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 amount of monetary compensation per month provided to veterans suffering from service-related disabilities is based on their disability rating. This rating is determined by the severity of an injury or illness, and can range between 0% and 100% in increments of 10% (e.g. 20 percent 30 percent, 30 percent, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their family.

The VA also has other programs that provide additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credits that they can utilize to increase their earnings over time to be eligible for disability or retirement benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists several conditions that allow veterans to be eligible 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 support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans' rights a key part of his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first gather the medical evidence supporting their impairment. This includes X-rays or doctor's reports, as well any other documentation pertaining to the veteran's condition. The submission of these records to the VA is vital. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. The form also keeps the date you can start receiving your compensation benefits in case you are successful in your case.

When all the information is in after all the information has been received, the VA will schedule an appointment for warren veterans disability Lawsuit you. The VA will schedule an examination according to the number of disabilities and the type of disability you're claiming. Make sure that you take this exam, as in the event you fail to take it the exam could delay your claim.

After the examinations have been completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and then send you a decision package. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.

A lawyer can assist you in this situation. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is a an enormous benefit to those who seek disability benefits.

How do I appeal a denial?

Denial of veterans' disability benefits can be a source of frustration. The VA provides an appeals procedure to appeal these decisions. The first step is to send the Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice Of Disagreement, you should explain to the VA why you are not happy with their decision. You don't need to list every reason, but you must list all the points you disagree with.

You should also request your C-file, or claims file, so that you can see what evidence the VA used to reach their decision. Most of the time there are missing or insufficient records. In some instances, this can lead to an error in the rating decision.

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

You can request a private hearing with an expert in senior ratings through a DRO review. The DRO will conduct the review of your claim on a "de novo" basis, which means that they do not give deference to the previous decision. This typically will result in a brand new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the longest demanding appeals process and usually can take between one and three years for an updated decision.

How much can a lawyer charge?

Lawyers can charge a fee for helping appeal an VA decision regarding the basis of disability. The current law does not permit lawyers to charge for initial assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database of licensed attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast variety of cases, including pension claims, disability compensation and claims.

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

In rare cases attorneys or agents might decide to charge on an an hourly basis. This is uncommon due to two reasons. First, these cases are often time consuming and can take months or even years. Second, many veterans and their families can't afford to pay an hourly rate.