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Veterans Disability Litigation

Ken counsels military veterans to assist them in getting the disability compensation they deserve. Ken is also a lawyer for his clients at 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 compensation Affairs discriminated for decades against Black veterans disability lawsuit by denial of their disability claims.

What is an VA disability?

The amount of monthly monetary compensation given to veterans with service-related disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% and 100% in increments of 10 percent (e.g. 20% 30 percent, 30 percent, etc.). The compensation is exempt from tax and provides a basic income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation such as the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credits that they can use to boost their earnings over time to be eligible for disability or retirement benefits. These credits are also referred to as "credit for service."

A majority of the conditions that qualify disabled veterans for disability benefits are included in the Code of Federal Regulations. Certain of these conditions however, require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the proof needed to prove the claim for disability benefits.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled a variety of disability cases and are familiar with the intricacies of VA regulations and laws. Our firm was established by a disabled veteran who made fighting for veterans' rights a key part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

Veterans must first find the medical evidence that proves their disability. This includes Xrays or doctor's notes, as well as any other documentation related to the condition of the veteran. It is essential to submit these documents to the VA. If a veteran does not have these documents, the VA should be notified by the applicant (or their VSO).

The next step is a filing of an intent to file. This form allows the VA review your claim even before you have all the required information and medical records. It also preserves your effective date for receiving compensation when you win your case.

The VA will schedule your examination once all of the information has been received. This will be dependent on the number and type of disability you claim. Don't miss this exam because 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 refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.

At this stage, a lawyer is able to assist you. Accredited lawyers from VA can be involved in the appeals right from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability attorney disability benefits can be a very frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to send the Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you must explain to 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 don't agree with.

It's also crucial to request your C-file (claims file) so you can see the evidence the VA used to make their decision. In many cases, there are missing or insufficient records. In some cases it could lead to an error in the rating decision.

When you file your NOD you will need to decide if you would like your case considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a better chance of success when you opt for a DRO review than with the BVA.

In the event of an DRO review, you can request a personal hearing before an experienced senior rating specialist. The DRO will conduct an examination of your claim on the basis of a "de novo" basis, which means that they will not give any deference to the previous decision. This typically results in a completely new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the longest appeals process, and it could take up to three years to reach an update on the decision.

How much does an attorney charge?

A lawyer can charge a fee for helping you appeal an VA disability decision. However, current law prohibits lawyers from charging for initial assistance when submitting a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees are paid out of the lump-sum payments that you receive from the VA.

veterans disability lawsuit may find accredited representatives via the VA's searchable database for accredited attorneys or Veterans Disability Litigation claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans or their dependents in a range of issues including disability compensation and pension claims.

Most disability advocates for veterans disability lawsuit work on a contingency. This means that they will only be paid if they succeed in winning the appeal of the client and receive back pay from the VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total past-due benefit.

In rare instances, an agent or attorney may choose to charge on per hour basis. This is rare for two reasons. These matters can take months or years to be resolved. The second reason is that most veterans and their families are unable to afford to pay on an hourly basis.