Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by generally denying their disability claims, 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 paid to veterans who have disabilities that are related to service. This rating is based upon the severity of the illness or injury and can range from 0% up to 100% in 10% increments (e.g. 20%, 20%, 30% etc). The compensation is free of tax and provides a basic source of income to the disabled veteran and his family.

VA offers additional compensation through other programs, such as individual unemployment, clothing allowances as well as prestabilization and hospitalization car allowances, and hospitalization allowances. 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 meridian veterans disability lawsuit special credits to increase their lifetime earnings for disability or retirement benefits. These additional credits are known as "credit for service."

Code of Federal Regulations lists several conditions that qualify a veteran to receive disability compensation. However, certain conditions require an expert's advice. A seasoned lawyer with experience can assist clients in obtaining this opinion and present the evidence required to support the claim for disability benefits.

Sullivan & Kehoe is experienced in representing kings mountain veterans disability lawyer with disabilities claims and appeals. We are committed to helping our clients obtain the benefits they're entitled to. We have handled hundreds of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans' rights a top priority in his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

First, veterans need to find the medical evidence for their impairment. This includes X-rays and doctor's reports, or other documents relevant to their health. It is essential to submit these documents to the VA. If a veteran doesn't have these documents, the VA must be informed by the applicant (or their VSO).

The next step is to fill out an intent to file. This is a form that allows the VA to begin reviewing your claim before you have all the medical records you require. It also protects your date of eligibility for compensation benefits in the event that you win your case.

Once all the information is submitted when all the information is in, the VA will schedule an appointment for you. This will be dependent on the type and number of disability you claim. Make sure that you take this exam, as If you don't the exam could delay your claim.

Once the tests are complete after which after the examinations are completed, VA will review the evidence and send you a decision package. If the VA rejects the claim, you will have one year to request a higher level review.

A lawyer can be of assistance in this situation. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a difficult experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. You don't have to include all of the reasons but you should include everything that you disagree on.

You should also request your C-file, or claims file, so that you can see what evidence the VA used to make their decision. There are usually incomplete or missing records. In some instances it could lead to an error in the rating decision.

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

In the event of a DRO review you can request an individual hearing with a senior rating specialist. The DRO will conduct an examination of your claim on a "de de novo" basis, which means they will not give deference to the previous decision. This typically will result in a brand new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the longest appeals procedure and can take approximately three years to get an appeal to be heard.

What is the cost an attorney could charge?

A lawyer can charge a fee for helping you appeal the VA decision on the basis of disability. The law as it stands today does not allow lawyers to charge for assistance with a claim in the beginning. 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 can search the VA's database of accredited attorneys or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide range of issues that include disability compensation claims and pension claims.

Most veterans' disability advocates operate on a contingent basis. This means that they will only be paid if they win the client's appeal and are awarded back payment from the VA. The amount of backpay that is paid can vary but can be as high as 20 percent of a claimant's past due benefits.

In rare instances an attorney or agent may decide to charge on an an hourly basis. This is not common due to two reasons. These matters can take a long time to be resolved. In addition, the majority of south elgin veterans disability lawsuit (https://vimeo.com/709842031) and their families are unable to afford to pay on an hourly basis.