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Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits 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 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 compensation that is paid to veterans who have service-connected disabilities. This rating is based upon the severity of the injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20 percent 30%, 20 percent, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their families.

VA provides additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization, automobile allowances, as well as hospitalization allowances. These are in addition to the standard disability compensation.

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

Many of the conditions that can qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. However, a few of these conditions require an expert's opinion. An experienced lawyer can assist clients in obtaining this opinion and provide the proof needed to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans disability legal in appeals and claims for disability. We are committed to helping our clients to receive the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself in an appeals hearing before the Board of Veterans Appeals Hearing, made veterans disability settlement' rights an important aspect of his work.

How do I make a claim?

First, veterans must track down the medical evidence for their disability. This includes Xrays, doctor's reports or any other documentation related to their health. Making these records available to the VA is essential. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

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 that you require. It also preserves your effective date for receiving compensation should you prevail in your case.

The VA will schedule your examination after all the required information is received. This will depend on the quantity and type of disability you claim. Make sure that you take this test, because if you miss it the exam could delay your claim.

The VA will send you a decision-making package after the tests have been completed. If the VA rejects the claim, you have a year to request a more extensive review.

At this moment, a lawyer could assist you. Lawyers who are accredited by VA can now be involved in appeals right from the beginning, which is a huge advantage for Veterans Disability Litigation those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. You don't need to list every reason but you should include all the points you disagree with.

You must also request a C-file or claims file to determine the evidence that the VA used to make their decision. Sometimes there are missing or incomplete records. In some instances, this can lead to an error in the rating decision.

After you have submitted your NOD, you will be asked to choose whether you would like your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. In general, you will have a better chance of success with a DRO review than with the BVA.

With a DRO review, you can request a personal hearing before an experienced senior rating specialist. The DRO will conduct an examination of your claim on a "de de novo" basis, which means that they will not give deference to the previous decision. This typically results in an entirely new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process, and it could take up to three years before you receive a new decision.

How much will a lawyer charge?

A lawyer may charge a fee to assist you appeal an VA disability decision. However, current law prohibits lawyers from charging fees for assistance in a claim. This is due to the fact that the fee must be dependent on the lawyer winning your case or getting your benefits increased through an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

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

Most disability advocates for veterans are paid on an hourly basis. They only receive compensation when they are successful in defending their client's case, and they also receive back pay from VA. The amount of back pay that is granted varies, but could be as much as 20 percent of the claimant's total past due benefit.

In rare cases, an agent or attorney might decide to charge on an the hourly basis. But, this isn't common for two reasons. These issues could take months or even years to resolve. Additionally, many veterans and their families cannot afford to pay an hourly fee.