공지사항

Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability compensation they deserve. He also represents his clients in VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by rejecting their disability claims in adisproportionate way as per a lawsuit filed last week by Yale Law School's veterans disability settlement Legal Services Clinic.

What is what is VA Disability?

The disability rating determines the amount of monthly payments to veterans with service-related disabilities. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100 percent in increments of 10% (e.g., 20%, 30% etc). The compensation is free of tax and provides a basic income to the disabled veteran and his family.

VA offers additional compensation through other programs, including individual unemployment allowances for clothing as well as prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the standard disability compensation.

The Social Security Administration also gives veterans a special credit they can utilize to increase their earnings over time to qualify for retirement or disability benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists a variety of conditions that can qualify a veteran for disability compensation. However, some of these conditions require an expert's opinion. An experienced veteran attorney can assist a client in obtaining this opinion, and provide the necessary evidence to support an claim for Veterans Disability Litigation disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled hundreds of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights an integral part of his practice.

How do I make a claim?

Veterans must first find the medical evidence of their impairment. This includes any X-rays, doctor's reports, or other documents relevant to their medical condition. It is important to provide these records to VA. 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 intent to file. This form allows the VA to review your claim before you have the needed information and medical records. It also ensures that you have an date of eligibility for compensation benefits in the event that you win your case.

Once all the information is submitted When all the information is submitted, the VA will schedule an appointment for you. This will be dependent on the amount and 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 document after the examinations are completed. If the VA rejects your claim, you have one year from the date of the letter to request a more thorough review.

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

How do I appeal a denial?

Denial of disability benefits for veterans can be frustrating. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA why you are not happy with their decision. You don't have to give every reason, but you should list all the points you disagree with.

You must also request a C-file, or claims file, Veterans Disability Litigation so that you can determine the evidence that the VA used to make their decision. There are usually insufficient or missing records. In certain cases, this can lead to an error in the rating decision.

After you have submitted your NOD, it will be asked to choose whether you want your case to be reviewed by a Board of veterans disability attorney Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO examines your case than if it's viewed by the BVA.

You can request a personal hearing with an expert in senior rating through an DRO review. The DRO will review your claim "de novo", meaning that they will not accept the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the most time taking appeals route and typically takes anywhere from one to three years for an updated decision.

What is the average cost a lawyer can charge?

Lawyers can charge a fee to assist appeal an VA decision on an appeal for disability. But, current law prohibits lawyers from charging for initial assistance with a claim. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. Typically the fees are paid out of any lump-sum payments you get from the VA.

Veterans can look through the VA's database of accredited attorneys or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent veterans disability lawyer, service members or dependents in a wide spectrum of cases, including pension claims and disability compensation claims.

Most veterans' disability advocates are paid on the basis of a contingent. They only get paid when they are successful in defending their client's case, and they are also paid back from VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total past-due benefit.

In rare instances an attorney or agent might decide to charge on an an hourly basis. But, this isn't common due to two reasons. These issues can take months or even years to be resolved. In addition, the majority of veterans and their families cannot afford to pay for these services on an hourly basis.