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Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. He also represents his clients in VA Board of Veterans Appeals Hearings.

The Department of veterans disability attorney Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims as per an action filed this week by Yale Law School's veterans disability attorneys Legal Services Clinic.

What is an VA Disability?

The amount of monthly monetary compensation that veterans disability attorney receive for service-related disabilities is based on their disability rating. 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%, 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for disabled veterans and their family.

The VA also has other programs that provide additional compensation like individual unemployment, auto allowance, clothing allowance and Veterans Disability Litigation hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credits to boost their earnings over the course of their lives for disability or retirement benefits. These credits are also referred to as "credit for service."

Many of the conditions that make an individual for disability compensation are listed in the Code of Federal Regulations. However, some of these conditions require an expert opinion. A veteran lawyer with experience can assist a client in obtaining this opinion, and provide the evidence required to prove the claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands disability cases and are conversant with the complexities of VA laws and procedures. Our firm was established by a disabled veteran who made fighting for veterans rights a top priority in his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

First, veterans need to track down the medical evidence for their disability. This includes any X-rays, doctor's notes or other evidence related to their medical condition. The submission of these records to the VA is very important. If a veteran does not 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 is a form that allows the VA to begin reviewing your claim even before you have all the information and medical records you require. It also keeps your date of effective for benefits if you win your case.

The VA will schedule your exam after all the details have been received. The VA will schedule an exam depending on the number of disabilities and the type of disability you're claiming. Make sure that you take this test, because If you don't this could affect your claim.

Once the examinations are complete Once the examinations are complete, after the examinations are completed, VA will examine the evidence and then send you a decision packet. If the VA denies the claim, you have a year to request a more thorough review.

At this point, a lawyer can assist you. Accredited lawyers from VA can be involved in appeals from the beginning which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans disability attorneys can be frustrating. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you should state to the VA why you are not happy with their decision. You don't need to list every reason, but you must be clear about the issues you disagree with.

You must also request your C-file, or claims file, to see what evidence the VA used to arrive at their decision. Often times there are missing or incomplete records. In certain cases this could result in an error in the rating decision.

If you submit your NOD you must choose whether you prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO examines your case than when it's reviewed by the BVA.

When you request an DRO review you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will conduct an examination of your claim on the basis of a "de novo" basis, meaning they do not give deference to the previous decision. This typically results in a completely new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the time taking appeals route and typically takes between one and three years for an updated decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee to assist you appeal an VA disability decision. However, the law currently prohibits lawyers from charging fees for assistance when submitting a claim. This is due to the fact that the fee has to be dependent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

Veterans can use the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. These representatives are accredited by the Department of veterans disability lawyer Affairs and can represent service members, veterans or dependents in a wide range of issues including disability compensation claims and pension claims.

Most veterans' disability advocates are paid on the basis of a contingent. They only receive compensation when they are successful in defending their client's case, and also receive back pay from VA. The amount of backpay given can be different but can be as high as 20 percent of the claimant's past-due benefits.

In rare instances, an agent or attorney may choose to charge on the basis of an hourly rate. This is not common for two reasons. First, these cases are often time consuming and can take months or even years. The second reason is that most veterans and their families cannot afford to pay on an hourly basis.