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council bluffs veterans disability law firm Disability Litigation

Ken counsels military veterans to help them get the disability benefits they deserve. He assists his clients at VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week, the Department of Veterans Affairs discriminated for decades against Black veterans by discriminating against their disability claims.

What is what is VA disability?

The amount of monthly monetary compensation provided to veterans suffering from service-related disabilities is determined on their disability rating. This rating is based upon the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10% (e.g., 20 percent, 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, like individual unemployment allowances for clothing, hospitalization and prestabilization, automobile 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 extra credits to increase their lifetime earnings for disability or retirement benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists numerous conditions that allow sonoma veterans disability Attorney to be eligible for disability compensation. Some of these conditions, however require the opinion of an expert. An experienced lawyer can assist a client in obtaining this opinion, and provide the evidence needed to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.

How do I submit a claim?

First, veterans need to locate the medical evidence to prove their impairment. This includes Xrays, doctor's notes or other evidence related to their medical condition. It is essential to submit these records to VA. If a veteran doesn't have these documents then the VA should be notified by the applicant (or their VSO).

The next step is a filing of an intention to file. This form lets the VA examine your claim even before you have the needed information and medical records. The form also keeps the date on which you will receive your compensation benefits in the event that you succeed in your claim.

The VA will schedule your examination when all details have been received. This will be dependent on the quantity and type of disability you claim. Don't miss this exam because it could delay the processing of your claim.

The VA will send you a decision-making package after the tests have been completed. If the VA refuses to accept the claim you'll have one year to request a higher-level review.

A lawyer can help in this situation. Lawyers who are accredited by VA can now be involved in the appeals from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans can be frustrating. The VA offers an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disparage, you should tell the VA the reasons you don't agree with their decision. It is not necessary to list every reason, but you should list all the points you don't agree with.

It is also essential to request your C-file (claims file) so that you can view the evidence the VA used to make their decision. Sometimes there are missing or insufficient records. This could lead to an error in the rating.

After you have submitted your NOD, the applicant will be asked to choose whether you would like your case reviewed by an Board of Veterans Appeals or a Decision Review officer. In general, you will have a better chance of success with the DRO review DRO review than with the BVA.

In the event of a DRO review, you have the option of asking for a personal hearing before a senior rating specialist. The DRO will review your claim "de de novo" this means they will not accept the previous decision. This usually results in a completely new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the longest appeals process and can take approximately three years to get an appeal to be heard.

How much can a lawyer charge?

A lawyer may charge a fee to help appeal the VA decision regarding the basis of disability. The law in place today does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only due in the event that the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be paid directly out of the lump-sum payments that you receive from the VA.

Veterans may be able to identify accredited representatives by using the VA's searchable database of licensed attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide range of matters that include disability compensation claims and pension claims.

Most disability advocates for mamaroneck veterans disability lawsuit are paid on an ad-hoc basis. This means that they are only paid if they are successful in winning the appeal of the client and get back payment from the VA. The amount of back pay that is given varies, but it can be as high as 20 percent of the claimant's total past due benefit amount.

In rare instances an attorney or agent may choose to charge an hourly fee. This is uncommon due to two reasons. These issues can take months or years to resolve. Second, most veterans and their families are unable to afford to pay on an hourly basis.