Ken counsels veterans of the military to assist them in obtaining the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School Troy Veterans Disability Legal Services Clinic this week, the Department of newark veterans disability attorney Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is an VA disability?
The disability rating determines the amount of monthly compensation paid to veterans who have disabilities that are related to service. The rating is based on the severity of the illness or injury and can range from 0% to 100% in increments of 10 percent (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.
VA provides additional compensation through other programs, for example individual unemployment, clothing allowances as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans special credits to boost their lifetime earnings for retirement or troy Veterans disability disability benefits. These additional credits are known as "credit for service."
A majority of the conditions that can qualify veterans for disability compensation are described in the Code of Federal Regulations. However, a few of these conditions require an expert's advice. An experienced lawyer can assist a customer in obtaining this opinion and provide the evidence required to prove the claim of disability compensation.
Sullivan & Kehoe has extensive experience representing california veterans disability attorney in disability claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. 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 priority in his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
Veterans need to first collect the medical evidence supporting their disability. This includes X-rays and doctor's reports, or other documents regarding their medical condition. It is important to provide these documents to the VA. If a veteran doesn't have these documents, they must 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 is a form that permits the VA to begin reviewing your claim before you have all the information and medical records required. It also keeps your effective date for compensation benefits if you win your case.
The VA will schedule your medical exam once all of the information has been received. The VA will schedule an examination in accordance with the amount of disabilities you have and the type you are claiming. Make sure you attend the exam, since If you don't this could affect your claim.
The VA will send you a decision document when the examinations have been completed. If the VA refuses to accept the claim you have a year to request a more extensive review.
At this stage, a lawyer is able to help you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a a huge benefit to those who are seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits for gatlinburg veterans disability lawyer can be frustrating. Thankfully that the VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA why you disagree with their decision. You don't need to list every reason but you should include everything that you disagree on.
It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. In many cases there are no or incomplete records. This can result in an error in the rating.
When you file your NOD, you must decide whether you want to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will be more likely to have success with a DRO review than with the BVA.
You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will conduct an examination of your claim on the basis of a "de novo" basis, which means they will not give deference to the previous decision. This usually results in a totally new Rating Decision. You can also have the BVA in Washington review your claim. This is the time lengthy appeals procedure and typically takes anywhere from one to three years to receive a new decision.
What is the average amount an attorney can charge?
A lawyer could charge a fee for helping you appeal a VA disability decision. 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 must be contingent on the lawyer winning your case, or getting your benefits increased by an appeal. The fees are typically paid directly from any lump-sum payments 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 service members, veterans, dependents, or survivors in a variety of matters such as disability compensation and pension claims.
Most veterans' disability advocates operate on a contingent basis. This means that they will only be paid if they prevail in the appeal of the client and get back payment from the VA. The amount of backpay paid can vary however it could be as high as 20 percent of the claimant's past due benefits.
In rare instances lawyers or agents might decide to charge an hourly fee. But, this isn't common due to two reasons. First, these cases are often time consuming and can take months or even years. In addition, many veterans and their families are unable to afford to pay an hourly fee.
