공지사항

Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. Ken also represents clients in 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, disproportionately refusing their disability claims.

What is what is VA disability?

The amount of monthly monetary compensation given to veterans with service-related disabilities is based on their disability rating. The rating is determined by the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is free of tax and provides a basic amount of income to the disabled veteran and his family.

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

The Social Security Administration also gives veterans special credits they can use to boost their lifetime earnings to be eligible for disability or retirement benefits. These additional credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's opinion. An experienced veteran lawyer can assist clients in obtaining this opinion and present the evidence required to support an application for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities 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 well-versed in the complicated nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans rights a top priority in his practice after he successfully represented himself in an appeal to the Board of veterans disability lawsuit Appeals hearing.

How do I file a claim?

Veterans need to first collect the medical evidence that proves their disability. This includes X-rays, doctor's reports or other documentation relevant to their health. The submission of these records to the VA is crucial. If a veteran doesn't have these documents then the VA must be informed by the claimant (or their VSO).

The next step is to file 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 effective date of your compensation benefits in case you succeed in your claim.

When all the data is in When all the information is submitted, the VA will schedule an appointment for you. The VA will schedule an exam in accordance with the number of disabilities as well as the type of disability you claim. Don't miss this exam because it could delay the processing of 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 one year from the date of the letter to request a more thorough review.

A lawyer can be of assistance at this point. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is a hugely beneficial to those seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a gruelling experience. The VA offers an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. You don't have to list all the reasons however, you must mention everything that you disagree on.

It is also essential to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are often incomplete or missing records. In certain cases, this can lead to an error in the rating decision.

If you submit your NOD it is up to you to decide if would like your case considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll be more likely to have success with a DRO review than with the BVA.

If you are subject to a DRO review, you can request an individual hearing with a senior rating specialist. The DRO will examine your claim "de novo" which means that they will not be influenced by the previous decision. This typically 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 taking appeals route and typically takes one to three years to receive an updated decision.

What is the average cost a lawyer can charge?

Lawyers can charge a fee to help you appeal the VA decision on a disability claim. The law as it stands today does not allow lawyers to charge fees for initial assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be paid out of any lump-sum payments you receive from the VA.

Veterans can search the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. They have been vetted by the Department of veterans disability attorneys Affairs to represent service members, veterans disability case and Veterans Disability Litigation their dependents or survivors in a variety of matters such as disability compensation and pension claims.

Most veterans' 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 backpay 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 decide to charge an per hour basis. This is rare for two reasons. First, these cases are usually time-consuming and can last for months or even years. In addition, many veterans and their families are unable to afford to pay an hourly fee.