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Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for williston veterans disability attorney decades by generally denying their disability claims, according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

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

VA offers additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and williston Veterans Disability Attorney hospitalization car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

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

Many of the conditions that can qualify veterans for disability compensation are mentioned in the Code of Federal Regulations. Certain of these conditions however, require an expert's opinion. An experienced lawyer can assist a customer in obtaining this opinion and provide the evidence needed to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients to receive the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed in the complicated nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans' rights a priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

First, veterans need to find the medical evidence supporting their disability. This includes Xrays or doctor's reports as well in any other documentation related to the veteran's condition. It is vital to provide these records to VA. If a veteran does not have these documents then the VA must be informed by the applicant (or their VSO).

The next step is a filing of an intent to file. This is a form that permits the VA to begin reviewing your claim, even before you have all the information and medical records you need. This form also ensures the date on which you will receive your compensation benefits if you succeed in your claim.

The VA will schedule your examination after all the required details have been received. It will depend on the amount and type of disabilities you are claiming. Be sure to take this exam, as in the event you fail to take it this could affect your claim.

Once the examinations are complete After the examinations are completed, after the examinations are completed, VA will examine the evidence and give you a decision packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.

At this moment, a lawyer will help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is hugely beneficial to those who seek disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a frustrating experience. Fortunately the VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't need to list all the reasons but you should include all the points you disagree with.

You should also request your C file or claims file to determine what evidence the VA used to make their decision. Often times there are missing or incomplete records. This can result in a mistake in the rating.

When you submit your NOD you must decide whether you want to have your case examined by a Decision Review Officer or by the Board of Williston Veterans Disability Attorney Appeals. Generally speaking, you will have a better chance of success when you opt for the DRO review DRO review than with the BVA.

With an DRO review, you have the option of asking for an individual hearing with a senior rating specialist. The DRO will review your claim "de novo" this means they will not defer to the previous decision. This typically results in an entirely new hope veterans disability attorney Rating Decision. You can also request that the BVA in Washington review your claim. This is the most time taking appeals route and typically takes anywhere from one to three years to obtain an updated decision.

What is the cost an attorney could charge?

A lawyer may charge a fee for assisting you appeal an VA disability decision. The current law does not allow lawyers to charge for assistance with a claim in the beginning. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

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

The majority of veterans' disability advocates are paid on a contingency basis. They only get paid when they prevail in their client's appeal and also receive back pay from VA. The amount of backpay that is given can be different, but it can be as high as 20 percent of a claimant's past due benefits.

In rare cases an attorney or agent may choose to charge on the hourly basis. But, this isn't common for two reasons. First, these cases are often time consuming and can go on for months or even years. The second reason is that many veterans and their families cannot afford an hourly fee.