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Veterans Disability Litigation

Ken advises veterans of the military to assist them in obtaining the disability compensation they deserve. He is also a lawyer for Veterans Disability Litigation his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

The disability rating determines the amount of monthly payments to veterans disability attorneys who have service-related disabilities. This rating is based on the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their families.

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

The Social Security Administration also gives veterans disability litigation special credits that they can use to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These extra credits are referred to as "credit for service."

Code of Federal Regulations lists a variety of conditions that can qualify a veteran for disability compensation. However, certain conditions require an expert's advice. An experienced lawyer can help a customer obtain this opinion, and supply the evidence required to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to ensuring that our clients get the disability benefits that they are entitled to. We have handled a variety of disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an integral part of his practice.

How do I make a claim?

First, veterans need to look up the medical evidence for their disability. This includes Xrays or doctor's reports as well as any other documentation related to the condition of the veteran. It is vital to provide these documents to the VA. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intention to file. This form lets the VA review your claim even before you have the needed information and medical records. It also protects your date of eligibility for compensation benefits in the event that you win your case.

Once all the information is received, the VA will arrange an examination for you. The VA will schedule the exam according to the number of disabilities and the type of disability you claim. If you fail to attend this test, it could delay the processing of your claim.

The VA will provide you with a decision package once the examinations have been completed. If the VA denies your claim you have one year from the date of the letter to request a more thorough review.

A lawyer can assist you at this point. VA-accredited lawyers can now be involved in appeals from the beginning which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a very frustrating experience. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disparage, you have to tell the VA the reason you don't like their decision. You don't have to list every reason, but you must mention all the aspects you don't agree with.

It is also essential to request your C-file (claims file) to see the evidence the VA used to make their decision. Sometimes there are gaps or incomplete records. This could lead to a mistake in the rating.

When you file your NOD, it is up to you to decide if would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will be more likely to have success with the DRO review DRO review than with the BVA.

You can request a private hearing with a senior rating expert via an DRO review. The DRO will examine your claim "de de novo" which means they will not defer to the previous decision. This typically results in an entirely new Rating Decision. You can also have the BVA in Washington review your claim. This is the time taking appeals route and typically takes anywhere from one to three years to get an updated decision.

How much does a lawyer charge?

A lawyer can charge a fee to help you appeal an VA decision regarding a disability claim. However, current law prevents lawyers from charging fees to assist in a claim. The fee is only due if the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

veterans disability attorneys may be able to find accredited representatives through the VA's searchable database for accredited attorneys or Veterans Disability Litigation claims agents. These representatives are accredited by the Department of veterans disability attorney Affairs and are able to represent veterans, service members or dependents in a wide variety of cases, including pension and disability compensation claims.

The majority of veterans' disability advocates work on a contingency basis. This means that they will only be paid if they win the appeal of the client and get back payments from the VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total past due benefits.

In rare cases lawyers or agents might choose to charge an hourly fee. This is uncommon due to two reasons. These matters can take months or years to be resolved. Second, many veterans disability legal and their families are unable to afford an hourly fee.