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Veterans Disability Litigation

Ken counsels military veterans disability attorneys to help them get the disability benefits they deserve. He also represents his clients in VA Board of veterans disability lawyers Appeals Hearings.

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

What is a VA disability?

The disability rating determines the amount of monthly payments to veterans who have disabilities that are related to service. The rating is based on the severity of an injury or illness and may range between 0% and 100% in increments of 10 percent (e.g. 20% 30, 30 percent, etc.). The compensation is free of tax and provides a basic income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the standard disability compensation.

The Social Security Administration also gives veterans special credit that they can utilize to increase their lifetime earnings and be eligible for disability or retirement benefits. These credits are referred to as "credit for service."

A majority of the conditions that allow a veteran for disability compensation are described in the Code of Federal Regulations. However, certain conditions require an expert opinion. An experienced lawyer can help a client obtain this opinion and provide the proof needed to prove the claim for disability benefits.

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

How do I submit a claim?

First, veterans must look up the medical evidence for their impairment. This includes X-rays and doctor's reports, or other documents relevant to their health. It is crucial to provide these documents to the VA. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or Veterans Disability Litigation their VSO (veteran service organization).

The next step is to fill out an intent to file. This form allows the VA to review your claim before you have the needed information and medical records. It also protects your effective date for receiving compensation should you prevail in your case.

Once all the information is received When all the information is submitted, the VA will arrange an examination for you. This will depend on the type and number of disabilities you are claiming. Be sure to take this test, because If you don't and fail to take it, it could hinder 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'll have a year to request a higher-level review.

At this point, a lawyer can help you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is an enormous benefit to those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans is a frustrating experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice Of Disagreement, you should explain to the VA why you are not happy with their decision. You don't have to give every reason, but you should state all the issues that you disagree with.

It's also important to request your C-file (claims file) to see the evidence that the VA used in making their decision. There are usually insufficient or missing records. In some cases it could lead to an error in the rating decision.

When you file your NOD it is up to you to decide if prefer to have your situation reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you will have a greater chance of success with the DRO review DRO review than with the BVA.

If you are subject to the DRO review, you can request an individual hearing before an experienced senior rating specialist. The DRO will review your claim "de de novo", meaning that they will not accept the previous decision. This typically results in an entirely new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the time demanding appeals process and usually takes between one and three years to obtain a new decision.

What is the cost an attorney could charge?

A lawyer can charge a fee to assist appeal the VA decision regarding a disability claim. The law currently does not permit lawyers to charge for initial assistance in a claim. The fee is only payable if the lawyer wins your case or increases your benefits by filing an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

veterans disability law can look through the VA's database of accredited attorneys or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and are able to represent veterans disability case, service members or dependents in a vast range of matters such as pension and disability compensation claims.

Most disability advocates for veterans work on a contingency basis. This means that they only get paid if they win the client's appeal and are awarded back payment from the VA. The amount of back pay that is awarded varies, but can be as high as 20 percent of the claimant's total benefit.

In rare instances attorneys or agents may decide to charge an an hourly basis. This isn't often the case due to two reasons. These issues can take months or even years to be resolved. The second reason is that most veterans and their families can't afford to pay for these services on an hourly basis.