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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 disability lawyers Appeals Hearings.

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

What is an VA disability?

The amount of monetary compensation per month given to veterans disability law with disabilities resulting from service is based on their disability rating. This rating is based on the severity of the illness or injury and can vary from 0% to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their family.

VA offers additional compensation through other programs, for example individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, as well as 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 so that they can be eligible for disability or retirement benefits. These credits are referred to as "credit for service."

Many of the conditions that can qualify veterans for disability compensation are mentioned in the Code of Federal Regulations. However, certain circumstances require an expert's opinion. An experienced lawyer can assist a client in obtaining this opinion and provide the proof needed to prove the 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 benefits they're entitled to. We have handled hundreds of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans disability legal rights a key part of his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I submit a claim?

First, veterans must find the medical evidence that supports their impairment. This includes any X-rays, doctor's reports, or other documents relevant to their condition. It is vital 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 to make an intent to file. This is a form that allows the VA to begin reviewing your claim before you have all the medical records required. It also preserves your effective date for compensation benefits when you win your case.

The VA will schedule your examination when all details have been received. The VA will schedule an exam based on the amount of disabilities you have and the type you claim. Make sure that you take the exam, since in the event you fail to take it, it could delay your claim.

Once the tests are complete Once the examinations are complete, after the examinations are completed, VA will examine the evidence and then send you a confirmation packet. If the VA denies your claim, you have a year from the date of the letter to request a higher-level review.

A lawyer can help you at this point. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a difficult experience. Thankfully that the VA has an appeals procedure for Veterans Disability Litigation these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you have to explain to the VA why you disagreed with their decision. You don't need to list every reason, but you must be clear about the issues you disagree with.

You should also request your C-file or claims file to determine the evidence that the VA used to reach their decision. Most of the time there are no or incomplete records. In some instances this could result in an error in the rating decision.

When you submit your NOD, Veterans Disability Litigation you'll be asked to choose whether you want your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success when the DRO reviews your case than when it's reviewed by BVA.

If you are subject to an DRO review, you have the option of asking for a personal hearing before an experienced senior rating specialist. The DRO will review your claim "de de novo", meaning that they will not rely on the previous decision. This usually results in the issue of a new Rating Decision. You may also opt to have the BVA in Washington review your claim. This is the most lengthy appeals process, and it could take approximately three years to get an update on the decision.

What is the cost an attorney could charge?

A lawyer could charge a fee to assist you appeal an VA disability decision. However, current law prohibits lawyers from charging fees for assistance with a claim. The fee is only payable if the lawyer wins your case or increases your benefits by filing an appeal. Typically these fees are paid out of any lump-sum payment you receive from the VA.

Veterans can use the VA's database of accredited attorneys or claim agents to find accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans disability lawsuit or their dependents in a variety of matters including disability compensation and pension claims.

Most veterans' disability advocates are paid on an hourly basis. They only get paid when they win their client's appeal, and they are also paid back from VA. The amount of backpay paid can vary however it could be as high as 20 percent of a claimant's past due benefits.

In rare instances attorneys or agents may decide to charge on an an hourly basis. This is not common for two reasons. First, these situations are often time consuming and can last for months or even years. Additionally, many veterans and their families can't afford to pay for these services on an hourly basis.