공지사항

Veterans Disability Litigation

Ken assists veterans in navigating the system to help them get the disability compensation they are entitled to. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

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

What is what is VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have service-connected disabilities. This rating is based on the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free and provides basic income to the disabled veteran and their families.

VA provides additional compensation through other programs, including individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, and hospitalization allowances. These are in addition to the regular disability compensation.

In addition to these benefit programs the Social Security Administration gives military veterans special credits to increase their retirement or disability benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Certain of these conditions however, require an expert's opinion. A skilled lawyer with years of experience can assist a client in obtaining this opinion and provide the evidence required to prove an application for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and Veterans Disability Litigation claims for disability. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled thousands of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself at a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an integral part of his practice.

How do I make a claim?

Veterans must first find the medical evidence supporting their impairment. This includes X-rays and doctor's reports, as well with any other documentation that is related to the condition of the veteran. Giving these records to VA is essential. 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 a filing of an intention to file. This is a form that permits the VA to begin reviewing your claim even before you have all the medical records that you require. The form also keeps the date of effective compensation benefits in the event that you succeed in your claim.

The VA will schedule your appointment after all the required information has been received. The VA will schedule the exam depending on the number of disabilities as well as the type of disability you claim. Make sure that you take this test, because if you miss it and fail to take it, it could hinder your claim.

After the examinations have been completed After the examinations are completed, the VA will examine the evidence and then send you a decision package. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.

At this moment, a lawyer could help you. Accredited lawyers from VA can be involved in appeals from the beginning, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability attorneys disability benefits can be a difficult experience. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA why you are not happy with their decision. You don't have to give every reason, but you must be clear about the issues you disagree with.

You must also request a C-file, or claims file, so that you can determine the evidence that the VA used to make their decision. There are often insufficient or missing records. This can sometimes lead to an error in the rating.

When you file your NOD you will need to decide if you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success with the DRO review DRO review than with the BVA.

When you request a DRO review you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will conduct an investigation of your claim on an "de de novo" basis, which means that they do not give deference to the previous decision. This typically will result in a brand new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the longest appeals procedure and can take approximately three years to get an update on the decision.

How much does a lawyer charge?

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

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

The majority of veterans' disability advocates are paid on an hourly basis. This means that they only get paid if they are successful in winning the client's appeal and receive back pay from the VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total benefit amount.

In rare instances an attorney or agent may decide to charge on an the hourly basis. This isn't often the case due to two reasons. First, these matters are often time consuming and can take months or even years. Additionally, many veterans and their families don't afford to pay an hourly fee.