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Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. He also represents his clients in VA Board of Veterans Appeals Hearings.

The Department of veterans disability lawsuit Affairs discriminated against Black veterans for decades, discriminating against their disability claims as per the lawsuit filed this week by Yale Law School's veterans disability law Legal Services Clinic.

What is a VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have service-connected disabilities. This rating is based upon the severity of the injury or illness and can vary from 0% to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The compensation is tax-free, and provides a minimum income to the disabled veteran and their family.

The VA also has other programs that provide additional compensation, such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the basic disability compensation.

In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their disability or retirement benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. However, certain circumstances require an expert's opinion. A veteran lawyer with experience can help a customer obtain this opinion, and provide the evidence required to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans disability legal in appeals and claims for disability. We are dedicated to assisting our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are conversant with the intricacies of VA laws and procedures. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself at an appeals hearing before the Board of veterans disability lawyers Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.

How do I file a claim?

veterans disability law must first locate the medical evidence that proves their impairment. This includes any X-rays, doctor's notes or other evidence relevant to their health. Making these records available to the VA is crucial. If a veteran does not have these documents, they should 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 allows the VA review your claim even before you have the proper information and medical records. This form also preserves the date on which you will receive your compensation benefits in the event that you win your case.

When all the information is in When all the information is submitted, the VA will schedule an exam for you. The VA will schedule the exam in accordance with the severity of your disability and the type of disability you claim. Don't miss this exam because it could delay the process of your claim.

The VA will send you a decision package when the examinations have been completed. If the VA decides to deny the claim, you'll have a year to request a more extensive review.

At this stage, a lawyer is able to assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans is a frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit the Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. You don't need to list all the reasons but you should list everything you disagree with.

It is also essential to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. There are usually incomplete or missing records. This can sometimes lead to a mistake in the rating.

If 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. Generally speaking, you'll have a greater chance of success with a DRO review than with the BVA.

In the event of an DRO review, you can request a personal hearing before a senior rating specialist. The DRO will conduct an examination of your claim on an "de de novo" basis, which means they do not give deference to the previous decision. This typically will result in a brand new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the longest lengthy appeals procedure and typically takes between one and three years to obtain an updated decision.

How much can an attorney charge?

Lawyers may charge a fee for helping you appeal an VA disability decision. The law in place today does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. Typically, these fees will be directly derived from any lump-sum payments you receive from the VA.

Veterans may be able to find accredited representatives through the VA's searchable database of licensed attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans, dependents, or Veterans Disability Litigation survivors in a variety of issues such as disability compensation and pension claims.

Most disability advocates for veterans are paid on an ad-hoc basis. This means that they are only paid if they prevail in the appeal of the client and get back payment from the VA. The amount of backpay that is paid can vary but can be as high as 20 percent of a claimant's past due benefits.

In rare instances, an agent or attorney might decide to charge on an the basis of an hourly rate. This is rare for two reasons. These issues can take months or even years to be resolved. Second, most veterans and their families are unable to afford to pay for these services on an hourly basis.