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Veterans Disability Litigation
Ken counsels military veterans to help them get the disability compensation they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of gilberts veterans disability Affairs discriminated against Black odessa veterans disability lawsuit for decades by disproportionately rejecting their disability claims in an action filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA Disability?
The amount of monthly monetary compensation paid to Hemet Veterans Disability Attorney with service connected disabilities is based on their disability rating. This rating is based on the severity of the injury or illness and can vary from 0% to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.
VA provides additional compensation through other programs, Hemet Veterans Disability Attorney like individual unemployment allowances for clothing prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the regular disability compensation.
The Social Security Administration also gives veterans a special credit they can use to boost their lifetime earnings to qualify for retirement or disability benefits. These additional credits are referred to as "credit for service."
Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. However, some of these conditions require an expert's opinion. An experienced veteran attorney can assist a client in obtaining this opinion, and supply the evidence needed to support the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled thousands of disability cases and we are well-versed with the complexities of VA regulations and laws. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans the top priority in his practice.
How do I claim a benefit?
First, veterans need to track down the medical evidence that supports their impairment. This includes any X-rays, doctor's notes or other evidence regarding their health. It is important to provide these documents to the VA. If a veteran doesn't have these documents, they must 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 lets the VA review your claim even before you have the proper information and medical records. It also preserves your effective date for compensation benefits should you prevail in your case.
If all the required information is submitted when all the information is in, the VA will schedule an appointment for you. It will depend on the amount and type of disability you claim. In the event that you do not attend this exam, it could delay the process of submitting your claim.
Once the examinations are complete After the examinations are completed, the VA will review the evidence and send you a decision packet. If the VA decides to deny the claim, you have a year to request a more thorough review.
At this stage, a lawyer is able to assist you. VA-accredited lawyers can now be involved in the appeals right from the beginning, which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a gruelling experience. The VA provides an appeals procedure to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your notice of disagreement, you must inform the VA the reasons you don't agree with their decision. You don't have to list every reason but you should list everything you disagree with.
It's also important to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. There are often incomplete or missing data. This can lead to an error in the rating.
When you submit your NOD it is up to you to decide if 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 when it's reviewed by BVA.
When you request the DRO review, you can request an individual hearing with a senior rating specialist. The DRO will review your claim "de de novo" this means they will not rely on the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the most time consuming appeals path and typically takes one to three years to receive a new decision.
What is the average amount an attorney can charge?
Lawyers can charge a fee for helping you appeal the VA decision on the basis of disability. But, current law prohibits lawyers from charging fees for assistance in a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.
Veterans may be able to locate accredited representatives using the VA's searchable database for accredited attorneys or claims representatives. These people have been accredited by the Department of sweetwater veterans disability Affairs to represent service members, veterans or their dependents in a variety of issues including disability compensation and pension claims.
Most veterans' disability advocates operate on a contingent 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 that is given can be different however it could be as high as 20 percent of a claimant's past-due benefits.
In rare cases lawyers or agents might decide to charge an hourly rate. However, Hemet Veterans Disability Attorney this is uncommon due to two reasons. First, these matters tend to be time-consuming and can go on for months or even years. Second, most veterans and their families are unable to afford to pay on an hourly basis.
