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Veterans Disability Litigation

Ken assists veterans in navigating the system to help them obtain the disability benefits they deserve. He also represents his clients at VA Board of Veterans Appeals Hearings.

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

What is what is VA Disability?

The disability rating determines the amount of compensation per month paid to veterans who have service-related disabilities. The rating is based on the severity of an injury or illness and can range from 0% and 100% in increments of 10% (e.g. 20 percent 30, 30%, etc.). The compensation is free of tax and provides a basic income to the disabled veteran and his family.

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

The Social Security Administration also gives veterans a special credit they can use to boost their lifetime earnings and qualify for retirement or disability benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists a variety of conditions that can qualify a veteran for disability compensation. However, some of these conditions require an expert's advice. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the evidence needed to prove a claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.

How do I claim a benefit?

Veterans must first gather the medical evidence that proves their disability. This includes X-rays and doctor's reports, as in any other documentation related to the condition of the veteran. Giving these records to VA is vital. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).

The next step is a filing of an intent to file. This form allows the VA examine your claim even before you have all the required information and medical records. This form also protects the date of effective compensation benefits in the event you win your case.

The VA will schedule your examination after all the information has been received. The VA will set the date for the examination in accordance with the number of disabilities as well as the type you claim. If you fail to attend this test, it could delay the processing of your claim.

The VA will provide you with a decision package after the examinations are completed. 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 assist you in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is an enormous benefit to those seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans disability compensation can be extremely frustrating. The VA provides an appeals procedure to appeal these decisions. The first step is submitting an Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disparage, you must inform the VA why you disagree with their decision. You don't have to list all of the reasons however, you must mention everything that you disagree on.

You should also request your C-file, or claims file, so that you can determine the evidence that the VA used to arrive at their decision. Sometimes, there are missing or incomplete records. In some cases, this can lead to an error in the rating decision.

If you file your NOD, the applicant will be asked if you want your case reviewed either by an Board of veterans disability law Appeals or a Decision Review officer. Generally speaking, you'll be more likely to have success when you opt for the DRO review 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 a "de novo" basis, which means they don't give deference the previous decision. This usually results in an entirely new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the time lengthy appeals procedure and typically takes between one and three years for a new decision.

How much does an attorney charge?

A lawyer can charge a fee for assisting you appeal a VA disability decision. The law currently does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee has to be dependent on the lawyer prevailing in your case, or receiving your benefits increased as a result of an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

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

The majority of veterans disability lawsuit' disability advocates are paid on a contingency basis. They only receive compensation when they win their client's appeal, and Veterans Disability Litigation they receive back pay from VA. The amount of backpay that is paid can vary but it could be as high as 20 percent of the claimant's past-due benefits.

In rare instances, an agent or lawyer might decide to charge an hourly fee. However, this is not the norm for two reasons. First, these matters are often time consuming and can take months or even years. In addition, the majority of veterans and their families can't afford to pay for these services on an hourly basis.