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Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week the Department of veterans disability attorney Affairs discriminated for Veterans Disability Litigation decades against Black veterans by discriminating against their disability claims.

What is a VA disability?

The disability rating determines the amount of monthly payments to veterans with disabilities that are related to service. The rating is based on the severity of the injury or illness and may range between 0% and 100% in increments of 10% (e.g. 20 percent 30%, 20 percent, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their families.

VA provides additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization, automobile allowances, as well as hospitalization allowances. These benefits are in addition to basic disability compensation.

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

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. However, certain conditions require an expert's opinion. A veteran lawyer with experience can assist a client in obtaining an opinion, and also provide the evidence required to prove the claim of disability compensation.

Sullivan & Kehoe has extensive experience in 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 hundreds of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans disability claim' 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?

The first step is to find the medical evidence that supports their disability. This includes Xrays, doctor's notes or other evidence relevant to their condition. It is essential to submit these records to VA. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).

The next step is to submit an intent to file. This is a form that allows the VA to review your claim, even before you have all the medical records you need. It also preserves your effective date for compensation benefits if you win your case.

The VA will schedule your exam after all the required information has been received. This will depend on the number and type of disability you claim. Make sure that you take this exam, as if you miss it, it could delay your claim.

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

A lawyer can assist you at this point. VA-accredited lawyers can now be involved in appeals from the beginning, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

The denial of veterans disability lawyer' disability benefits can be frustrating. The VA offers an appeals procedure to appeal these decisions. The first step is submitting the Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disparage, you must tell the VA the reasons you don't agree with their decision. You don't have to include all the reasons however, you must mention everything that you disagree on.

You must also request a C-file, or claims file, to see what evidence the VA used to reach their decision. There are often incomplete or missing records. This could lead to a mistake in the rating.

When you submit your NOD you must decide whether you would like to have your case considered by a Decision Review Officer or by the Board of veterans disability settlement Appeals. Generally speaking, you will have a better chance of success when you opt for a DRO review than with the BVA.

You can request a personal hearing with a senior rating expert via a DRO review. The DRO will review your claim "de novo" which means that they will not rely on the previous decision. This usually results in a new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest taking appeals route and typically takes one to three years to receive a new decision.

How much will a lawyer charge?

A lawyer can charge a fee to help you appeal an VA disability decision. But, current law prohibits lawyers from charging fees to assist with a claim. The fee is only due if the lawyer wins your case or increases your benefits through an appeal. Typically, these fees will be directly derived from any lump-sum payments you receive from the VA.

veterans disability attorney may be able find accredited representatives through the VA's searchable database of licensed attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members and Veterans Disability Litigation their dependents or survivors in a range of issues such as disability compensation and pension claims.

The majority of veterans' disability advocates are paid on a contingency basis. They only get paid when they win their client's appeal, and they receive back pay from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's past-due benefit amount.

In rare cases, an agent or lawyer might choose to charge an hourly rate. However, this is uncommon for two reasons. First, these issues tend to be time-consuming and can go on for months or even years. Additionally, many veterans and their families are unable to afford to pay for these services on an hourly basis.