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Veterans Disability Litigation

Ken counsels veterans disability attorneys of the military to help them obtain the disability compensation they deserve. He also represents clients at 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 discriminating against their disability claims.

What is an VA disability?

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

VA offers additional compensation through other programs, such as individual unemployment allowances for clothing, hospitalization and prestabilization, allowances for automobiles, and hospitalization allowances. These are in addition to basic disability compensation.

The Social Security Administration also gives veterans a special credit they can utilize to increase their earnings over time to qualify for retirement or disability benefits. These credits are referred to as "credit for service."

Many of the conditions that can qualify an individual for disability compensation are mentioned in the Code of Federal Regulations. Certain of these conditions however require an expert's advice. An experienced veteran lawyer can assist a client in obtaining this opinion and present the evidence required to prove a claim for Veterans Disability Litigation disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans disability attorney in appeals and claims for disability. We are committed to helping our clients obtain the disability benefits that they are entitled to. We have handled thousands disability cases and are conversant with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled vet who after having successfully represented himself in an appeals hearing before the Board of veterans disability legal Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.

How do I submit a claim?

First, veterans must find the medical evidence that supports their disability. This includes any X-rays, doctor's reports or any other documentation related to their medical condition. Making these records available to the VA is crucial. If a veteran does not have these documents then the VA should be notified by the applicant (or their VSO).

The next step is to file an intent to file. This form allows the VA examine your claim even before you have all the required information and medical records. This form also ensures the effective date of your compensation benefits in the event you are successful in your case.

When all the information is received when all the information is in, the VA will arrange an examination for you. The VA will schedule the exam in accordance with the number of disabilities and the type of disability you're claiming. Make sure you take this exam, as If you don't the exam could delay your claim.

Once the examinations are complete after which after the examinations are completed, VA will examine the evidence and then send you a decision package. If the VA decides to deny the claim, you'll have one year to request a higher level review.

A lawyer can help you in this situation. Accredited lawyers from VA can be involved in the appeals right from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans can be a source of frustration. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement, you must inform the VA the reason you don't like their decision. You don't have to list every reason, but you should mention all the aspects you disagree with.

You should also request your C file or claims file so that you can see the evidence that the VA used to reach their decision. There are usually incomplete or missing data. In some cases this could lead to an error in the rating decision.

When you submit your NOD, you will be asked to choose whether you want your case reviewed either by a Board of veterans disability legal Appeals or a Decision Review officer. Generally speaking, you will have a higher 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 an DRO review. The DRO will review your claim "de novo" this means they will not be influenced by the previous decision. This typically results in a totally new Rating Decision. You may also decide to request that the BVA in Washington examine your claim. This is the most time demanding appeals process and usually takes one to three years for an updated decision.

How much does a lawyer charge?

A lawyer may charge a fee to assist you appeal a VA decision regarding an appeal for disability. However, the law currently prohibits lawyers from charging fees for assistance in the case. This is because the fee has to be contingent on the lawyer winning your case, or getting your benefits increased through an appeal. Typically these fees are paid directly out of any lump-sum payments you receive from the VA.

veterans disability attorneys can search the VA's database of accredited attorneys or claim agents to locate accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide range of matters, including disability compensation claims and pension claims.

Most disability advocates for veterans work on a contingency basis. This means that they only get paid if they prevail in the client's appeal and receive back payment from the VA. The amount of backpay that is granted can differ however it could be as high as 20 percent of a claimant's past-due benefits.

In rare instances attorneys or agents may choose to charge on an hourly basis. This isn't often the case due to two reasons. First, these cases tend to be time-consuming and can take months or even years. The second reason is that most veterans and their families are unable to afford to pay on an hourly basis.