palacios veterans disability lawyer Disability Litigation

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

The Department of Veterans Affairs discriminated against Black glendale veterans disability law firm for decades, discriminating against their disability claims according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The amount of monthly monetary compensation that veterans receive for disabilities resulting from service is based on their disability rating. The rating is determined by the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation like the individual unemployed, the 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 they can use to boost their lifetime earnings and be eligible for disability or retirement benefits. These extra credits are called "credit for service."

Many of the conditions that qualify veterans for disability compensation are included in the Code of Federal Regulations. However, some of these conditions require an expert opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the evidence required to support the claim for disability benefits.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to ensuring that our clients obtain the disability benefits that they are entitled to. We have handled thousands of disability cases and are proficient in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after securing his own representation in an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights an important aspect of his work.

How do I make a claim?

Veterans need to first collect the medical evidence to prove their disability. This could include X-rays, doctor's reports, as well any other documentation pertaining to the condition of the veteran. Making these records available to the VA is very important. If a veteran does not have these documents, Vimeo they should be given 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 lets the VA examine your claim even before you have the proper information and medical records. The form also keeps the date on which you will receive your compensation benefits in case you succeed in your claim.

If all the required information is submitted when all the information is in, the VA will arrange an examination for you. It will depend on the amount and type of disabilities you are claiming. Be sure to take this test, because If you don't this could affect your claim.

The VA will provide you with 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 higher-level review.

At this point, a lawyer can help you. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is a hugely beneficial to people seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a very frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to make a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA why you are not happy with their decision. You don't have to include every reason but you should include all the points you disagree with.

It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. There are usually insufficient or missing records. This can result in a mistake in the rating.

When you file your NOD, it will be asked to select whether you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll be more likely to have success when you opt for the DRO review DRO review than with the BVA.

You can request a personal hearing with a senior rating expert via the process of a DRO review. The DRO will review your claim "de novo" which means they will not accept the previous decision. This typically results in a completely new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the longest appeals process and it can take up to three years before you receive an appeal to be heard.

How much will a lawyer charge?

A lawyer can charge a fee to help you appeal a VA disability decision. The current law does not permit lawyers to charge for initial assistance in a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees are paid directly from any lump-sum payment you receive from the VA.

Veterans can use the VA's database of attorneys who are accredited or claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors on a range of issues including pension and disability compensation claims.

Most disability advocates for veterans are paid on a contingency basis. They only receive compensation when they succeed in winning their client's appeal and they receive back pay from VA. The amount of backpay paid can vary but it could be as high as 20 percent of the claimant's past due benefits.

In rare cases, an agent or lawyer could decide to charge an hourly rate. But, this isn't common due to two reasons. First, these matters are usually time-consuming and can drag on for months or even years. In addition, many veterans and their families don't afford an hourly rate.