Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

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

What is an VA Disability?

The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. This rating is determined by the severity of an injury or illness and can range from zero and 100% in increments of 10 percent (e.g. 20% 30, 30%, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their family.

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

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

Many of the conditions that can qualify veterans for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions however require an expert's advice. A veteran lawyer with experience can assist a client obtain an opinion, and also provide the evidence required to prove the claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they deserve. We have handled a variety of disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights the top priority in his practice.

How do I make a claim?

The first step is to look up the medical evidence for their condition. This includes X-rays, doctor's reports, or other documents regarding their medical condition. Providing these records to the VA is vital. If a veteran does not have these documents and the VA should be notified by the applicant (or their VSO).

The next step is to fill out an intent to file. This is a form that permits the VA to begin reviewing your claim before you have all the information and medical records you require. This form also ensures the effective date of your compensation benefits if you have a successful case.

The VA will schedule your medical exam after all the required information is received. The VA will schedule the exam according to the number of disabilities and the type you are claiming. In the event that you do not attend this exam, it could delay the process of submitting your claim.

After the examinations have been completed, after the examinations are completed, VA will review the evidence and send you a decision package. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.

A lawyer can assist you in this situation. Accredited lawyers from VA can be involved in appeals from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans is a frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice Of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason but you should list all the points you disagree with.

It's also crucial to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. There are often insufficient or missing records. In some cases this could lead to an error in the rating decision.

When you file your NOD you will need to decide if you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success when the DRO examines your case than if it's viewed by the BVA.

You can request a personal hearing with a senior rating expert via the process of a DRO review. The DRO will examine your claim "de de novo" which means they will not defer to the previous decision. This usually results in an entirely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest taking appeals route and typically takes one to three years to get an updated decision.

What is the cost an attorney could charge?

Lawyers can charge a fee for helping you appeal a VA decision on an appeal for disability. However, current law prevents lawyers from charging for initial assistance in a claim. This is due to the fact that the fee has to be dependent on the lawyer prevailing in your case or having your benefits increased through an appeal. Typically the fees are paid directly out of any lump-sum payments you receive from the VA.

Veterans may be able to identify accredited representatives by using the VA's searchable database that lists certified attorneys or claims agents. They have been vetted by the Department of alabaster veterans disability law firm Affairs to represent veterans, service members, dependents, or survivors in a variety of issues including disability compensation and pension claims.

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

In rare cases, an agent or lawyer could decide to charge an hourly fee. This is not common due to two reasons. These issues could take months or even years to be resolved. Second, most veterans and their families are unable to afford to pay on an hourly basis.