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Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of veterans disability case Affairs discriminated against Black veterans for decades by discriminating against their disability claims in an action filed this week by Yale Law School's veterans disability attorney (he has a good point) Legal Services Clinic.

What is what is VA disability?

The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. This rating is based upon the severity of an injury or illness and may range between 0% and 100% in increments of 10% (e.g. 20% 30%, 20%, etc.). The amount is devoid of tax and provides a minimum income to the disabled veteran and his family.

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

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

Code of Federal Regulations lists a variety of conditions that make a veteran eligible for disability compensation. However, some of these circumstances require an expert's opinion. A seasoned veteran attorney can assist a customer in obtaining this opinion and provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans disability law in disability claims and appeals. We are committed to helping our clients to receive the disability benefits they deserve. We have handled thousands of disability cases and are conversant with the complexities of VA regulations and laws. Our firm was founded in 1996 by a disabled veteran who, after successfully representing himself in a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans the top priority in his practice.

How do I make a claim?

First, veterans must locate the medical evidence to prove their impairment. This includes Xrays or doctor's reports as well with any other documentation that is related to the veteran's condition. Making these records available to the VA is crucial. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This form lets the VA examine your claim even before you have the needed information and medical records. This form also ensures the date on which you will receive your compensation benefits in the event that you win your case.

If all the required information is in When all the information is submitted, the VA will schedule an exam for you. The VA will schedule an examination depending on the number of disabilities as well as the type of disability you're claiming. Make sure you take this test, because If you don't, it could delay your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA decides to deny the claim, you'll have a year to request a higher-level review.

A lawyer can assist you in this situation. VA-accredited lawyers are now involved in the appeals right from the beginning, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. The VA offers an appeals procedure for these decisions. The first step is submitting a 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 disagreed with their decision. You don't need to list every reason, but you must list all the points you disagree with.

It is also essential to request your C-file (claims file) to see the evidence that the VA used in making their decision. There are usually insufficient or missing records. This could lead to a mistake in the rating.

When you submit your NOD you will need to decide if you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a greater chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will conduct an examination of your claim on a "de de novo" basis, meaning they don't give deference the previous decision. This usually results in the issue of a new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest consuming appeals path and typically takes between one and three years to obtain a new decision.

How much will a lawyer charge?

A lawyer may charge a fee to help appeal a VA decision regarding a disability claim. However, the law currently prohibits lawyers from charging for assistance when submitting a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. Typically, these fees will be paid directly out of any lump-sum payment you receive from the VA.

Veterans may be able identify accredited representatives by using the VA's searchable database that lists accredited attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors in a range of issues including pension and disability compensation claims.

The majority of veterans disability settlement' disability advocates work on a contingency. They only receive compensation when they prevail in their client's appeal and they receive back pay from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's past-due benefit.

In rare cases lawyers or agents might choose to charge an hourly rate. However, this is uncommon for two reasons. These matters can take a long time to resolve. The second reason is that many veterans disability legal and their families cannot afford to pay an hourly rate.