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Veterans Disability Litigation

Ken counsels military veterans to assist them in getting the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by rejecting their disability claims in adisproportionate way as per a lawsuit filed last week by Yale Law School's veterans disability lawsuit Legal Services Clinic.

What is an VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have disabilities that are related to service. This rating is based upon the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation, such as individual unemployability, automobile allowance, clothing allowance and 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 lifetime earnings for retirement or disability benefits. These credits are also referred to as "credit for service."

A majority of the conditions that allow veterans disability lawyer for disability compensation are described in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A skilled lawyer with years of experience can help a client obtain this opinion and provide the evidence needed to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the benefits they're entitled to. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans rights a priority in his practice after successfully representing himself in a Board of veterans disability claim Appeals hearing.

How do I make a claim?

Veterans need to first collect the medical evidence of their impairment. This includes X-rays, doctor's reports, or other documents that relate to their medical condition. The submission of these records to the VA is vital. If a veteran doesn't 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 is a form that allows the VA to review your claim, even before you have all the medical records you require. The form also keeps the date on which you will receive your compensation benefits in the event you succeed in your claim.

The VA will schedule your appointment once all of the information has been received. It will depend on the quantity and type of disability you claim. In the event that you do not attend this exam, it could delay the processing of your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA decides to deny the claim, you will have one year to request a higher-level review.

At this stage, a lawyer is able to assist you. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a hugely beneficial to those seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be extremely frustrating. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you must inform the VA why you disagree with their decision. You don't have to include every reason, but you should mention all the points you disagree with.

You must also request your C-file, or Veterans Disability Litigation claims file, to see the evidence that the VA used to arrive at their decision. There are often documents that are not complete or have been deleted. This could lead to an error in the rating.

When you file your NOD you must decide whether you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO examines your case rather than when it's reviewed by BVA.

With an DRO review you have the option of requesting an individual hearing with an experienced senior rating specialist. The DRO will examine your claim "de novo" which means they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the time taking appeals route and typically takes one to three years for a new decision.

How much will a lawyer charge?

A lawyer could charge a fee for assisting you appeal a VA disability decision. But, current law prohibits lawyers from charging for assistance with a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case, or receiving your benefits increased as a result of an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

veterans disability legal are able to search the database of lawyers accredited to practice or claim agents to find accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or their dependents in a wide range of issues that include pension and disability compensation claims.

Most veterans disability law' disability advocates are paid on an ad-hoc basis. They only receive compensation when they are successful in defending their client's case, and also receive back pay from VA. The amount of backpay that is given can be different but 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 on an the basis of an hourly rate. However, this is not the norm for Veterans Disability Litigation two reasons. These matters could take months or even years to be resolved. Additionally, many veterans and their families cannot afford to pay an hourly fee.