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Veterans Disability Litigation

Ken advises veterans of the military to assist them in obtaining the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

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

What is what is VA Disability?

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

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

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

Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. Certain of these conditions however, require an expert's opinion. An experienced lawyer can assist a customer in obtaining this opinion, and provide the evidence required to prove the claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to ensuring that our clients receive the disability benefits that they deserve. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled vet who, after successfully representing himself at a Board of Veterans Appeals Hearing, made veterans' rights an integral part of his practice.

How do I claim a benefit?

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

The next step is to make an intent to file. This form allows the VA to begin reviewing your claim before you have all the medical records required. It also keeps your effective date for receiving compensation in the event that you win your case.

When all the information is submitted after all the information has been received, the VA will arrange an examination for you. The VA will schedule the exam in accordance with the number of disabilities as well as the type of disability you claim. Don't miss this exam because it could delay the processing of your claim.

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

A lawyer can help you in this situation. Lawyers who are accredited by VA can now be involved in the appeals from the start, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability lawyer disability benefits can be a gruelling experience. The VA provides 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 have to tell the VA why you are not happy with their decision. You don't have to list every reason, but you should mention everything you disagree with.

You must also request a C-file, or Veterans Disability Litigation claims file, Veterans Disability Litigation so that you can see the evidence that the VA used to make their decision. Often times there are missing or insufficient records. In some cases this could result in an error in the rating decision.

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

You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will conduct a review of your claim on an "de de novo" basis, meaning they will not give any deference to the previous decision. This typically results in a totally new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the time lengthy appeals procedure and typically takes one to three years to receive a new decision.

How much can an attorney charge?

Lawyers can charge a fee for helping appeal a VA decision on a disability claim. The law in place today does not allow lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee must be dependent on the lawyer winning your case or getting your benefits increased by an appeal. Typically the fees are paid directly from any lump-sum payments you get from the VA.

Veterans can find accredited representatives via the VA's searchable database for licensed attorneys or claims agents. They are vetted by the Department of veterans disability law Affairs and are able to represent veterans, service members or dependents in a wide variety of cases such as pension claims and disability compensation claims.

The majority of veterans' disability advocates are paid on a contingent basis. This means that they only get paid if they win the appeal of the client and get back payment from the VA. The amount of backpay that is paid can vary, but it can be as high as 20 percent of the claimant's past due benefits.

In rare cases an attorney or agent could decide to charge an hourly rate. However, this is uncommon due to two reasons. These issues can take months or years to be resolved. In addition, the majority of veterans disability legal and their families can't afford to pay for these services on an hourly basis.