Veterans Disability Litigation

Ken counsels media veterans disability of the military to assist them in getting the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black williamsport veterans disability for years by disproportionately rejecting their disability claims in an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

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

The VA also has other programs that provide additional compensation like individual unemployment, auto allowance, clothing allowance and prestabilization and hospitalization benefits. These 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 lifetime earnings for disability or retirement benefits. These additional credits are referred to as "credit for service."

A majority of the conditions that qualify disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. However, a few of these conditions require an expert opinion. An experienced lawyer can assist a client in obtaining this opinion and provide the proof needed to support a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to ensuring that our clients get the disability benefits that they deserve. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for rome veterans disability lawyer' rights a key part of his practice after successfully representing himself at a Board of surprise veterans disability Appeals hearing.

How do I file a claim?

The first step is to locate the medical evidence supporting their disability. This includes Xrays, doctor's notes or other evidence that relate to their health. It is crucial to provide these documents to the VA. 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 a filing of 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 win your case.

When all the information is in When all the information is submitted, the VA will schedule an appointment for you. This will be dependent on the type and number of disability you claim. Make sure you attend the exam, since if you miss it this could affect your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA denies the claim, you'll have one year to request a more extensive review.

A lawyer can help in this situation. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is hugely beneficial to those who seek disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be frustrating. Fortunately, the VA has an appeals procedure for new brunswick veterans disability these decisions. The first step is to submit the Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice Of Disagreement you should state to the VA the reasons why you did not agree with their decision. You don't have to include all the reasons but you should list everything that you disagree on.

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. In many cases there are gaps or insufficient records. In some cases this could lead to an error in the rating decision.

If you submit your NOD it is up to you to decide if 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 if the DRO reviews your case, compared to when it's reviewed by BVA.

You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will conduct the review of your claim on a "de de novo" basis, which means that they do not give deference to the previous decision. This usually results in the issue of a new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the time consuming appeals path and typically takes anywhere from one to three years to get a new brunswick veterans disability decision.

How much does an attorney charge?

A lawyer can charge a fee to assist you appeal an VA disability decision. However, the law currently prohibits lawyers from charging for initial assistance when submitting a claim. The fee is only due when the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans can search the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors on a range of issues such as disability compensation and pension claims.

The majority of bedford veterans disability lawyer' disability advocates work on a contingency basis. This means that they are only paid if they prevail in the appeal of the client and new brunswick veterans disability receive back pay from the VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total benefit.

In rare cases, an agent or attorney may choose to charge on the basis of an hourly rate. This is uncommon due to two reasons. These issues can take a long time to resolve. Second, many veterans and their families cannot afford an hourly rate.