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Veterans Disability Litigation

Ken counsels veterans of the military to assist them in getting the disability compensation they are entitled to. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans disability attorney for decades, disproportionately rejecting their disability claims as per an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

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

VA offers additional compensation through other programs, for example individual unemployment allowances for clothing as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

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

A majority of the conditions that make disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. However, a few of these circumstances require an expert's opinion. An experienced veteran lawyer can help a client obtain this opinion and present the evidence required to support an application for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to helping our clients obtain the disability benefits they deserve. We have handled thousands disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was founded in 1996 by a disabled vet who after securing his own representation at an appeals hearing before the Board of veterans disability law Appeals Hearing and gaining the support of veterans, made the rights of veterans disability lawyers a priority for his practice.

How do I claim a benefit?

The first step is to find the medical evidence supporting their disability. This includes Xrays or doctor's notes, as well as any other documentation related to the veteran's condition. It is crucial to provide these records to VA. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to fill out an intent to file. This form allows the VA review your claim even before you have all the required information and medical records. This form also preserves the date on which you will receive your compensation benefits in case you win your case.

When all the information is in, the VA will schedule an appointment for you. The VA will schedule an exam according to the number of disabilities as well as the type of disability you claim. Be sure to take this test, because in the event you fail to take it, it could delay your claim.

After the examinations have been completed after which after the examinations are completed, VA will examine the evidence and then send you a confirmation packet. If the VA rejects the claim, you'll have one year to request a higher-level review.

A lawyer can be of assistance in this situation. Accredited lawyers from VA can be involved in appeals from the start, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a gruelling experience. The VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your notice of disagreement, you must tell the VA the reasons you don't agree with their decision. You don't have to list every reason, but you must mention all the aspects you disagree with.

It's also important to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. There are often incomplete or missing data. In some instances this could result in an error in the rating decision.

When you submit your NOD, it will be asked if you want your case reviewed by an Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a higher chance of success with a DRO review than with the BVA.

You can request a personal hearing with a senior rating expert via an DRO review. The DRO will review your claim "de novo", meaning that they will not defer to the previous decision. This typically results in a totally new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the most time lengthy appeals procedure and typically can take between one and three years to receive a new decision.

How much can a lawyer charge?

Lawyers may charge a fee to assist you appeal an VA disability decision. However, the law currently prohibits lawyers from charging fees for assistance when submitting a claim. The fee is only due if the lawyer is successful in your case or increases your benefits via an appeal. Typically, these fees will be directly derived from the lump-sum payments that you receive from the VA.

Veterans can use the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors on a range of issues such as disability compensation and pension claims.

Most veterans' disability advocates are paid on an hourly basis. They only get paid when they are successful in defending their client's case, and also receive back pay from VA. The amount of backpay that is given can be different but can be as high as 20 percent of the claimant's past due benefits.

In rare cases, Veterans Disability Litigation an agent or attorney may decide to charge an the basis of an hourly rate. This is not common due to two reasons. These matters can take months or years to be resolved. Second, most veterans disability claim and their families cannot afford to pay on an hourly basis.