Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability benefits they deserve. Ken also represents his clients at VA Board of Veterans Appeals Hearings.

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

What is a VA disability?

The amount of monetary compensation per month paid to wood dale veterans disability attorney with service connected disabilities is based on their disability rating. This rating is determined by the severity of an injury or illness and can range from zero and 100% in increments of 10% (e.g. 20 percent 30%, 20 percent, etc.). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation such as individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credits that they can use to increase their lifetime earnings and be eligible for disability or retirement benefits. These credits are referred to as "credit for service."

Many of the conditions that make disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. However, some of these conditions require an expert opinion. An experienced veteran attorney 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 veterans with disabilities claims and appeals. We are dedicated to helping our clients obtain the disability benefits that they are entitled to. We have handled a variety of disability cases and are conversant with the complexities of VA rules and regulations. Our firm was created by a disabled veteran who made fighting for veterans rights a priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans must track down the medical evidence for their condition. This includes X-rays, doctor's notes or other evidence relevant to their condition. It is crucial to provide these documents to the VA. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intention to file. This form permits the VA to review your claim before you have all the information and medical records that you require. This form also protects the date of effective compensation benefits if you have a successful case.

The VA will schedule your exam once all of the details have been received. It will depend on the number and type of disability you claim. Be sure to take this exam, as If you don't and fail to take it, it could hinder your claim.

After the examinations have been completed, after the examinations are completed, VA will examine the evidence and send you a decision-making packet. If the VA refuses to accept your claim, Vimeo.Com you have a year from the date of the letter to request a more thorough review.

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

How do I appeal a denial?

A denial of disability benefits can be a very frustrating experience. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement, you should explain to the VA why you disagreed with their decision. You don't have to list every reason, but you must mention all the aspects you don't agree with.

You should also request your C file or claims file to determine the evidence that the VA used to arrive at their decision. In many cases there are no or insufficient records. This could lead to an error in the rating.

When you file your NOD, you will be asked if you want your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

In the event of a DRO review you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will conduct an investigation of your claim on a "de novo" basis, linkis.com meaning they will not give deference to the previous decision. This typically results in a completely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest demanding appeals process and usually takes anywhere from one to three years to receive a new decision.

How much does an attorney charge?

A lawyer may charge a fee for assisting you appeal an VA disability decision. However, current law prevents lawyers from charging for initial assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

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

Most disability advocates for pineoxs.a veterans are paid on an ad-hoc basis. They only get paid when they succeed in winning their client's appeal and also receive back pay from VA. The amount of backpay given can be different but can be as high as 20 percent of a claimant's past due benefits.

In rare cases attorneys or agents may decide to charge an per hour basis. This is not common for two reasons. These matters can take months or years to resolve. Additionally, many veterans and their families are unable to afford an hourly fee.