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Veterans Disability Litigation

Ken counsels veterans of the military to help them get the disability compensation they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

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

What is what is VA disability?

The amount of monthly monetary compensation provided to veterans disability lawyers suffering from disabilities resulting from service is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their families.

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

Many of the conditions that can qualify a veteran for disability compensation are mentioned in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. An experienced veteran lawyer can assist a client in obtaining this opinion and present the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to assisting our clients get the benefits they're entitled to. We have handled thousands disability cases and are conversant with the complexities of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

Veterans must first locate the medical evidence of their disability. This includes Xrays, doctor's reports, or other documents relevant to their medical condition. It is important to provide these documents to the VA. 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 review your claim before you have all the medical records you need. It also protects your date of eligibility for compensation benefits should you prevail in your case.

When all the information is in after all the information has been received, the VA will schedule an exam for you. The VA will set the date for the examination according to the number of disabilities as well as the type of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.

The VA will send you a decision package once the examinations have been completed. If the VA decides to deny the claim, you'll have a year to request a higher level review.

At this moment, a lawyer could help you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is hugely beneficial to those seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability attorney disability benefits can be a gruelling experience. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement you should tell the VA why you are not happy with their decision. You don't have to give every reason, but you should mention all the aspects you disagree with.

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

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

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

What is the average amount an attorney can charge?

A lawyer may charge a fee to assist you appeal an VA disability decision. The law currently does not permit lawyers to charge for assistance with a claim in the beginning. This is because the fee is dependent on the lawyer prevailing in your case, or Veterans Disability Litigation receiving your benefits increased as a result of an appeal. Typically the fees will be paid directly out of any lump-sum payment you receive from the VA.

Veterans can search the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors on a range of issues including pension and disability compensation claims.

The majority of veterans' disability advocates are paid on an ad-hoc basis. They only receive compensation when they are successful in defending their client's case, and they are also paid back from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total benefits.

In rare cases, an agent or lawyer might choose to charge an hourly rate. However, this is not the norm due to two reasons. These issues can take months or years to be resolved. In addition, many veterans and their families can't afford to pay an hourly rate.