cedar park veterans disability lawsuit Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. Ken is also a lawyer for his clients at VA Board of Veterans 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 an VA disability?

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

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

The Social Security Administration also gives veterans special credits that they can use to increase their lifetime earnings to qualify for retirement or disability benefits. These credits are referred to as "credit for service."

A majority of the conditions that allow a veteran for disability compensation are described in the Code of Federal Regulations. Certain of these conditions, however require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the evidence needed to prove the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the benefits they're entitled to. We have handled hundreds of disability cases and are proficient in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled vet who, after successfully representing himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.

How do I submit a claim?

First, brockport veterans disability law firm need to track down the medical evidence supporting their condition. This includes X-rays and doctor's reports, as well as any other documentation related to the condition of the veteran. Making these records available to the VA is essential. If a veteran does not have these documents and the VA should be notified by the claimant (or their VSO).

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 you need. The form also keeps the date you can start receiving your compensation benefits in case you have a successful case.

Once all the information is submitted, the VA will schedule an examination for you. It will depend on the number and type of disability you claim. If you fail to attend this test, it could delay the process of submitting your claim.

After the examinations have been completed after which the VA will examine the evidence and then send you a decision-making packet. If the VA decides to deny the claim, Vimeo you will have one year to request a more extensive review.

A lawyer can help in this situation. Accredited lawyers from VA can be involved in appeals right from the beginning, which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans is a frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you must explain to the VA why you disagreed with their decision. It is not necessary to list all of the reasons, but you should mention all the points you disagree with.

You must also request a C-file or claims file to see the evidence that the VA used to make their decision. Sometimes, there are missing or incomplete records. In certain cases it could lead to an error in the rating decision.

After you have submitted your NOD, you will be asked to choose whether you want your case to be reviewed by an 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 the BVA.

You can request a private hearing with a senior Vimeo rating expert via an DRO review. The DRO will conduct a review of your claim on the basis of a "de de novo" basis, which means that they don't give deference the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the time consuming appeals path and typically takes anywhere from one to three years for a new decision.

How much can an attorney charge?

Lawyers can charge a fee to assist appeal an VA decision regarding an appeal for disability. But, current law prohibits lawyers from charging fees to assist in a claim. This is because the fee must be dependent on the lawyer prevailing in your case, or getting your benefits increased through an appeal. Typically the fees are paid out of any lump-sum payments you get from the VA.

Veterans may identify accredited representatives by using the VA's searchable database for certified attorneys or claims agents. They are vetted by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide range of matters, including pension claims, disability compensation and claims.

The majority of veterans' disability advocates work on a contingency. They only get paid when they succeed in winning their client's appeal and they receive back pay from VA. The amount of back pay granted varies, but could be as much as 20 percent of the claimant's past-due benefits.

In rare cases an attorney or agent might decide to charge an hourly rate. However, this is not the norm for two reasons. These matters can take months or years to resolve. In addition, the majority of veterans and their families are unable to afford to pay for these services on an hourly basis.