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Veterans Disability Litigation

Ken advises veterans disability compensation of the military to assist them in getting the disability compensation they deserve. He also represents his clients in VA Board of veterans disability law Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, discriminating against their disability claims in a lawsuit filed last week by Yale Law School's veterans disability attorney Legal Services Clinic.

What is an VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with service-connected disabilities. The rating is based on the severity of an illness or injury and can vary between zero and 100% in increments of 10 percent (e.g. 20 percent 30%, 20 percent, etc.). The amount is devoid of 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 the individual unemployed, the automobile allowance, clothing allowance, and Veterans Disability Litigation hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

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

A majority of the conditions that allow disabled veterans for disability benefits are included in the Code of Federal Regulations. Certain of these conditions, however require the opinion of an expert. A skilled lawyer with years of experience can assist a client in obtaining this opinion and present the evidence required to support the claim for disability benefits.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients receive 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 vet who after having successfully represented himself in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights a priority for his practice.

How do I make a claim?

First, veterans need to find the medical evidence supporting their condition. This includes Xrays or doctor's notes, as well in any other documentation related to the condition of the veteran. It is crucial to provide these records to VA. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).

The next step is to fill out an intent to file. This form lets the VA review your claim even before you have the necessary information and medical records. The form also keeps the date you can start receiving your compensation benefits in case you win your case.

The VA will schedule your medical exam when all information is received. This will be dependent on the amount and type of disability you claim. Be sure to take this exam, as should you miss it, it could delay your claim.

The VA will send you a decision-making package after the tests have been completed. If the VA denies your claim, you have a year from the date of the letter to request a higher-level review.

A lawyer can assist you in this situation. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a an enormous benefit for those who seek disability benefits.

How do I appeal a denial?

A refusal of veterans disability lawyer disability benefits can be a gruelling experience. The VA has an appeals process to appeal these decisions. The first step is submitting an Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice Of Disagreement, you should explain to the VA why you disagreed with their decision. You don't have to list every reason, but you should mention all the aspects you don't agree with.

You must also request your C-file, or claims file, to determine what evidence the VA used to arrive at their decision. There are usually incomplete or missing data. This can sometimes lead to an error in the rating.

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

You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will examine your claim "de de novo" which means they will not accept the previous decision. This typically results in a totally new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest demanding appeals process and usually can take between one and three years to obtain an updated decision.

What is the average amount an attorney can charge?

A lawyer could charge a fee to help you appeal an VA disability decision. However, the law currently prohibits lawyers from charging for initial assistance with a claim. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. Typically the fees are paid out of any lump-sum payment you receive from the VA.

Veterans can search the VA's database of accredited attorneys or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a vast range of issues such as pension and disability compensation claims.

The majority of veterans' disability advocates are paid on the basis of a contingent. They only receive compensation when they win their client's appeal, and they also receive back pay from VA. The amount of backpay that is awarded can vary, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare cases, an agent or attorney may decide to charge on an the hourly basis. This is not common due to two reasons. First, these situations tend to be time-consuming and can take months or even years. In addition, the majority of veterans and their families cannot afford to pay on an hourly basis.