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Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they deserve. He assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, rejecting their disability claims in adisproportionate way according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have service-related disabilities. The rating is determined by the severity of the injury or illness and can range from 0% to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The amount is devoid of tax and provides a minimum income to the disabled veteran and his family.

VA offers additional compensation through other programs, including individual unemployment, clothing allowances, hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. These benefits are in addition to the basic disability compensation.

In addition to these benefit programs the Social Security Administration gives military veterans extra credits to increase their 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 mentioned in the Code of Federal Regulations. However, some of these conditions require an expert's advice. A seasoned veteran attorney can assist a client in obtaining an opinion, and also provide the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and hastings veterans disability law firm appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a major part of his practice after he successfully represented himself in a Board of brainerd veterans disability attorney (vimeo.com) Appeals hearing.

How do I make a claim?

Veterans must first gather the medical evidence supporting their impairment. This includes any X-rays, doctor's reports or other documentation that relate to their health. Providing these records to the VA is essential. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to file an intent to file. This form allows the VA to begin reviewing your claim, even before you have all the information and medical records you require. This form also preserves the date you can start receiving your compensation benefits in the event that you are successful in your case.

When all the data is submitted, the VA will schedule an appointment for you. This will depend on the number and type of disability you claim. Be sure to take this test, because in the event you fail to take it and fail to take it, it could hinder your claim.

Once the tests are complete After the examinations are completed, after the examinations are completed, VA will review the evidence and send you a confirmation packet. If the VA decides to deny the claim, you'll have a year to request a more extensive review.

A lawyer can be of assistance in this situation. Lawyers who are accredited by VA can now be involved in appeals from the beginning which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans is a frustrating experience. Thankfully the VA has an appeals process for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement you must inform the VA why you are not happy with their decision. You don't need to list every reason, but you should mention all the aspects you don't agree with.

It is also essential to request your C-file (claims file) to see the evidence the VA used in making their decision. There are usually incomplete or missing records. In certain cases this could result in an error in the rating decision.

If you submit your NOD you will need to decide if you would like to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success when the DRO reviews your case, compared to when it's reviewed by the BVA.

With a DRO review you have the option of asking for an individual hearing with a senior rating specialist. The DRO will conduct the review of your claim on an "de novo" basis, which means they will not give deference to the previous decision. This typically will result in a brand taylor mill veterans Disability Lawyer new Rating Decision. You can also choose to request that the BVA in Washington review your claim. This is the most time taking appeals route and typically takes anywhere from one to three years to get an updated decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee for helping appeal a VA decision regarding the basis of disability. The law currently does not allow lawyers to charge for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically the fees will be directly derived from any lump-sum payment you receive from the VA.

Veterans can look through the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These people are accredited by the Department of Veterans Affairs and can represent menomonie veterans disability law firm, service members or dependents in a broad range of matters, 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 win the appeal of the client and get back payments from the VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total past due benefits.

In rare cases an attorney or agent may choose to charge on the hourly basis. This is uncommon due to two reasons. First, these cases can be time-consuming and can go on for months or even years. Additionally, many veterans and their families cannot afford an hourly fee.