bluffton veterans disability lawyer Disability Litigation

Ken assists veterans in obtaining the disability benefits they deserve. He assists his clients at VA Board of Veterans Appeals Hearings.

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

What is what is VA Disability?

The disability rating determines the amount of compensation per month paid to veterans with service-connected disabilities. This rating is based upon the severity of an injury or illness and can range from zero and 100% in increments of 10% (e.g. 20%, 30 percent, etc.). The amount is devoid of tax and provides a basic source of income to the disabled veteran and his family.

VA provides additional compensation through other programs, like individual unemployment, clothing allowances, hospitalization and prestabilization, automobile allowances, and hospitalization allowances. These are in addition to the regular disability compensation.

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

Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. Some of these conditions, however require an expert's advice. A seasoned veteran attorney can help a customer obtain an opinion, and also provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled thousands disability cases and we are well-versed with the intricacies of VA laws and procedures. Our firm was started by a disabled vet who made fighting for veterans rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

The first step is to find the medical evidence that supports their impairment. This includes X-rays or doctor's notes, as well any other documentation pertaining to the condition of the veteran. It is vital to provide these records to VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to file an intent to file. This form allows the VA review your claim even before you have all the required information and medical records. This form also ensures the date of effective compensation benefits in case you win your case.

Once all the information is received after all the information has been received, the VA will arrange an examination for you. This will be dependent on the amount and type of disabilities you are claiming. If you fail to attend this test, it could delay the process of submitting your claim.

After the examinations are completed, the VA will review the evidence and send you a decision-making packet. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.

At this point, a lawyer can assist you. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of noble veterans disability lawyer disability benefits can be a frustrating experience. The VA offers an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disparage, you have to tell the VA the reasons you don't agree with their decision. You don't have to give every reason, but you must list all the points you don't agree with.

You must also request your C-file or claims file to see the evidence that the VA used to reach their decision. Sometimes there are missing or insufficient records. This can lead to an error in the rating.

When you file your NOD, you must decide whether you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success when the DRO examines your case rather than if it's viewed by the BVA.

If you are subject to the DRO review, you have the option of asking for a personal hearing before a senior rating specialist. The DRO will examine your claim "de novo" which means that they will not rely on the previous decision. This typically will result in a brand new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most time lengthy appeals procedure and typically takes between one and three years to receive an updated decision.

How much can an attorney charge?

A lawyer may charge a fee for assisting you appeal an VA disability decision. The current law does not allow lawyers to charge fees for assistance with a claim in the beginning. This is because the fee has to be contingent upon the lawyer winning your case, or getting your benefits increased through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database for licensed attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors in a range of issues such as disability compensation and pension claims.

Most disability advocates for veterans are paid on an ad-hoc basis. They only receive compensation when they win their client's appeal, and they also receive back pay from VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total past-due benefit award.

In rare cases, an agent or attorney may decide to charge on an an hourly basis. But, this isn't common due to two reasons. These matters can take months or years to resolve. Second, most wappingers falls veterans disability law firm and their families cannot afford to pay on an hourly basis.