Veterans Disability Litigation

Ken helps crossville veterans disability lawsuit 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 who have service-related disabilities. This rating is determined by the severity of an illness or injury and can range from zero and 100% in increments of 10% (e.g. 20%, 30%, etc.). The compensation is free of tax and provides a basic amount of income to the disabled veteran and his family.

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

In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credits to boost their earnings over the course of their lives for retirement or disability benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. Certain of these conditions, however require the opinion of an expert. An experienced veteran attorney can assist a client in obtaining an opinion, and also provide the necessary evidence to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients obtain the disability benefits that they are entitled to. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after securing his own representation in a Board of Veterans Appeals Hearing and making veterans' rights an integral part of his practice.

How do I make a claim?

First, veterans must look up the medical evidence to prove their impairment. This includes X-rays and doctor's reports, as with any other documentation that is related to the veteran's condition. The submission of these records to the VA is very important. If a veteran doesn't have these documents then the VA must be informed by the applicant (or their VSO).

The next step is the filing of an intention to file. This form permits the VA to begin reviewing your claim, even before you have all the medical records you require. It also ensures that you have an effective date for receiving compensation should you prevail in your case.

The VA will schedule your medical exam after all the required details have been received. The VA will schedule the exam based on the amount of disabilities you have and the type of disability you claim. In the event that you do not attend this exam, it could delay the processing of your claim.

The VA will send you a decision-making 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 higher-level review.

A lawyer can help at this point. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. Thankfully, the VA has an appeals process for these decisions. The first step is to send the Notice of Disagreement to 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. You don't need to list all the reasons however, you must mention everything you disagree with.

It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. There are usually incomplete or missing records. This can result in a mistake in the rating.

When you submit your NOD, the applicant will be asked to choose whether you would like your case to be reviewed by the Board of north ogden veterans disability lawsuit Appeals or a Decision Review officer. In general, you'll have a better chance of success if the DRO reviews your case than if it's viewed by the BVA.

You can request a personal hearing with an expert in senior ratings through the process of a DRO review. The DRO will examine your claim "de novo" which means that they will not defer to the previous decision. This usually results in an entirely new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most time lengthy appeals procedure and typically takes between one and three years to get a new decision.

How much can an attorney charge?

A lawyer can charge a fee to help appeal an VA decision on an appeal for disability. The law as it stands today does not allow lawyers to charge for initial assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans can locate accredited representatives using the VA's searchable database of accredited attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors in a variety of issues such as disability compensation and pension claims.

The majority of veterans' disability advocates are paid on an hourly basis. This means that they are only paid if they prevail in the appeal of the client and get back payment from the VA. The amount of backpay awarded can vary but it could be as high as 20 percent of the claimant's past due benefits.

In rare cases, an agent or attorney might decide to charge on an the basis of an hourly rate. But, this isn't common due to two reasons. First, these matters are often time consuming and can take months or even years. Additionally, many veterans and their families can't afford an hourly rate.