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Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in getting the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of veterans disability lawyer (see it here) Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The amount of monthly monetary compensation given to veterans with disabilities resulting from service is based on their disability rating. This rating is determined by the severity of an injury or illness and can range from zero and 100% in increments of 10% (e.g. 20 percent 30 percent, 30 percent, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their family.

The VA also offers other programs that offer additional compensation like individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the standard disability compensation.

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

Code of Federal Regulations lists a variety of conditions that make a veteran eligible for disability compensation. However, certain conditions require an expert opinion. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence required to support an application for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans disability lawyers in appeals and claims for disability. We are committed to helping 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 in 1996 by a disabled veteran who, after successfully representing himself at an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights an integral part of his practice.

How do I submit a claim?

veterans disability law must first gather the medical evidence of their disability. This includes X-rays and doctor's reports, as well with any other documentation that is related to the veteran's condition. It is vital 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 permits the VA to begin reviewing your claim even before you have all the information and medical records required. This form also preserves the effective date of your compensation benefits in the event that you succeed in your claim.

The VA will schedule your exam after all the details have been received. It will depend on the quantity and type of disability you claim. Make sure that you take the exam, since if you miss it the exam could delay your claim.

After the examinations are completed after which the VA will review the evidence and send you a decision-making packet. If the VA rejects your claim, you have a year from the date of the letter to request a higher-level review.

At this stage, a lawyer is able to help you. VA-accredited lawyers are now involved in appeals from the start, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for Veterans Disability Lawyer veterans can be a source of frustration. Fortunately the VA has an appeals process for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice Of Disagreement, you have to 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.

You must also request a C-file, or claims file, to determine what evidence the VA used to make their decision. Most of the time there are no or insufficient records. In some cases this could result in an error in the rating decision.

If you file your NOD, it will be asked to decide if you want your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will be more likely to have success with the DRO review DRO review than with the BVA.

In the event of a DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will review your claim "de de novo", meaning that they will not be influenced by the previous decision. This usually will result in a brand new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the time lengthy appeals procedure and veterans disability lawyer typically takes between one and three years to obtain an updated decision.

What is the average cost a lawyer can charge?

A lawyer may charge a fee for assisting you appeal an VA disability decision. The law currently does not allow lawyers to charge for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer winning your case, or getting your benefits increased through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans are able to search the database of attorneys who are accredited or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and can represent veterans disability claim, service members or dependents in a vast spectrum of cases including pension and disability compensation claims.

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

In rare cases an attorney or agent might decide to charge on an per hour basis. This is rare for two reasons. First, these matters are usually time-consuming and can go on for months or even years. The second reason is that most veterans and their families cannot afford to pay for these services on an hourly basis.