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Veterans Disability Litigation

Ken counsels military veterans to assist them in getting the disability compensation they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with service-connected disabilities. This rating is determined by the severity of an injury or illness and can range from zero and 100% in increments of 10 percent (e.g. 20 percent 30, 30 percent, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their families.

VA offers additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization, automobile allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

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

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

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to ensuring that our clients receive the disability benefits that they are entitled to. We have handled hundreds of disability cases and are proficient in the complexities of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans' rights a major part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

The first step is to track down the medical evidence for their impairment. This includes X-rays, doctor's reports or other documentation related to their condition. It is vital 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 their VSO (veteran service organization).

The next step is a filing of an intent to file. This form permits the VA to review your claim before you have all the information and medical records you need. It also protects your effective date for receiving compensation in the event that you win your case.

When all the information is provided, the VA will schedule an examination for you. This will depend on the type and number of disability you claim. If you fail to attend this test, it could delay the process of submitting your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA denies your claim, you have one year from the date of the letter to request a higher-level review.

At this point, a lawyer can assist you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a hugely beneficial to people seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans is a frustrating experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your notice of disagreement, you must inform the VA the reasons you don't agree with their decision. You don't need to list every reason, but you should mention everything that you disagree on.

It is also essential to request your C-file (claims file) to see the evidence that the VA used to make their decision. There are usually incomplete or missing records. This can result in an error in the rating.

When you file your NOD, you will be asked to choose whether you would like your case to be reviewed by an Board of veterans disability lawyers Appeals or a Decision Review officer. In general, you will be more likely to have success with a DRO review than with the BVA.

You can request a personal hearing with a senior rating expert via an DRO review. The DRO will examine your claim "de de novo" this means they will not be influenced by the previous decision. This usually will result in a brand new Rating Decision. You may also opt to have the BVA in Washington examine your claim. This is the time lengthy appeals procedure and typically takes anywhere from one to three years to get an updated decision.

How much can a lawyer charge?

A lawyer can charge a fee to help you appeal a VA decision on an appeal for disability. However, anorectal-malformation.org current law prevents lawyers from charging fees to assist in the case. This is due to the fact that the fee must be contingent on the lawyer winning your case or getting your benefits increased by an appeal. Typically the fees are directly derived from any lump-sum payment you receive from the VA.

Veterans can look through the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of issues including pension and disability compensation claims.

Most disability advocates for veterans are paid on a contingency basis. This means that they will only be paid if they win the appeal of the client and receive back payments from the VA. The amount of backpay that is paid can vary but it could be as high as 20 percent of a claimant's past due benefits.

In rare cases, an agent or lawyer may choose to charge an hourly fee. However, this is uncommon due to two reasons. These issues could take months or even years to be resolved. Additionally, many veterans and their families are unable to afford to pay an hourly rate.