Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability compensation they deserve. He also represents his clients in 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 glasgow veterans disability Affairs discriminated for decades against Black walnut veterans disability - https://vimeo.com, by discriminating against their disability claims.

What is a VA Disability?

The amount of monetary compensation per month given to veterans with disabilities resulting from service is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is free of tax and provides a basic income to the disabled veteran and his family.

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

In addition to these benefit programs In addition to these benefit programs, the Social Security Administration gives military veterans special credits to boost their retirement or disability benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. However, a few of these conditions require an expert's advice. An experienced veteran attorney can assist a client in obtaining this opinion, and supply the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing albany veterans disability with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits that 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 started by a disabled vet who made fighting for veterans rights a major part of his practice after successfully representing himself at an appeal to the Board of laredo veterans disability Appeals hearing.

How do I make a claim?

Veterans must first gather the medical evidence to prove their impairment. This includes X-rays and doctor's reports, as well any other documentation pertaining to the condition of the veteran. It is essential to submit these records to VA. If a veteran doesn't have these documents, Pinetop-lakeside veterans Disability they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intention to file. This form allows the VA to review your claim before you have the necessary information and medical records. This form also protects the effective date of your compensation benefits in the event that you succeed in your claim.

The VA will schedule your medical exam after all the information is received. It will depend on the type and number of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.

The VA will send you a decision package once the examinations have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.

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

How do I appeal a denial?

Denial of veterans' disability benefits is a frustrating experience. Thankfully the VA has an appeals process for these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement, you must explain to the VA why you disagreed with their decision. It is not necessary to list every reason but you should list everything you disagree with.

You must also request a C-file, or claims file, so that you can see what evidence the VA used to reach their decision. In many cases there are missing or insufficient records. In certain cases this could result in an error in the rating decision.

When you submit your NOD you will need to decide if you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a higher chance of success with a DRO review than with the BVA.

You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will review your claim "de novo" this means they will not accept the previous decision. This usually will result in a brand new Rating Decision. You can also have the BVA in Washington examine your claim. This is the longest appeals process and can take approximately three years to get a new decision.

What is the average cost a lawyer can charge?

Lawyers may charge a fee to help you appeal a VA disability decision. The law currently does not permit lawyers to charge fees for initial assistance in a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits through an appeal. Typically these fees are directly derived from the lump-sum payments that you receive from the VA.

Veterans can find accredited representatives via the VA's searchable database for licensed attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide range of matters including pension claims, disability compensation and claims.

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

In rare cases attorneys or agents may decide to charge on an an hourly basis. This is uncommon due to two reasons. First, these matters can be time-consuming and can take months or even years. In addition, many geneseo veterans disability and their families can't afford to pay an hourly rate.