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Veterans Disability Litigation

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

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

What is what is VA disability?

The amount of monetary compensation per month paid to veterans with service-related disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can vary between zero and 100% in increments of 10% (e.g. 20 percent 30, 30 percent, etc.). The amount is devoid of tax and provides a basic income to the disabled veteran and his family.

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

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

Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. However, some of these conditions require an expert opinion. An experienced veteran 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 disability benefits they deserve. We have handled thousands of disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was started by a disabled vet who made fighting for veterans disability attorney rights a key part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans must first gather the medical evidence that proves their impairment. This includes X-rays or doctor's reports as well as any other documentation related to the condition of the veteran. It is essential to submit these records to VA. If a veteran doesn't have these documents, the VA should be notified by the claimant (or their VSO).

The next step is a filing of an intention to file. This form permits the VA to review your claim before you have all the medical records that you require. This form also ensures the date of effective compensation benefits in the event that you have a successful case.

Once all the information is submitted When all the information is submitted, the VA will schedule an appointment for you. The VA will schedule the exam based on the number of disabilities and the type you are claiming. Make sure you take this exam, as in the event you fail to take it this could affect your claim.

After the examinations are completed, the VA will examine the evidence and send you a decision-making packet. If the VA rejects the claim, you have a year to request a higher-level review.

A lawyer can help you at this point. VA-accredited lawyers are now involved in appeals from the start, which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a gruelling experience. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement, you should explain to the VA why you were dissatisfied with their decision. You don't have to list all of the reasons but you should list everything that you disagree on.

You must also request a C-file or claims file to see what evidence the VA used to make their decision. Sometimes there are missing or insufficient records. In some instances it could lead to an error in the rating decision.

When you submit your NOD you will need to decide if you want to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

With the DRO review, you can request an individual hearing before a senior rating specialist. The DRO will conduct a review of your claim on a "de novo" basis, meaning they do not give deference to the previous decision. This usually results in an entirely new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the longest lengthy appeals procedure and typically takes anywhere from one to three years to receive an updated decision.

How much does an attorney charge?

A lawyer may charge a fee to help appeal an VA decision on a disability claim. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer winning your case or having your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans may be able locate accredited representatives using the VA's searchable database of accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a variety of matters including disability compensation and pension claims.

The majority of veterans' disability advocates are paid on a contingency basis. They only get paid when they succeed in winning their client's appeal and also receive back pay from VA. The amount of backpay that is granted can differ however it could be as high as 20 percent of the claimant's past due benefits.

In rare instances attorneys or agents might decide to charge on an per hour basis. This isn't often the case due to two reasons. First, these situations are usually time-consuming and can last for months or even years. Additionally, many veterans and their families can't afford an hourly rate.