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Veterans Disability Litigation

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

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

What is a VA disability?

The disability rating determines the amount of monthly payments to veterans disability lawsuit, related web-site, with service-connected disabilities. This rating is based upon the severity of an injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20% 30, 30 percent, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their families.

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

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

Many of the conditions that can qualify a veteran for disability compensation are listed in the Code of Federal Regulations. However, certain conditions require an expert's advice. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the evidence needed to support the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to ensuring that our clients receive the disability benefits that they deserve. We have handled hundreds of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after securing his own representation in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.

How do I make a claim?

Veterans must first locate the medical evidence supporting their disability. This includes Xrays, doctor's reports or other documentation 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 provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to file an intent to file. This form allows the VA examine your claim even before you have the proper information and medical records. It also protects your effective date for compensation benefits when you win your case.

The VA will schedule your exam once all of the information is received. The VA will set the date for the examination in accordance with the severity of your disability and the type you claim. In the event that you do not attend this exam, it could delay the process of your claim.

The VA will send you a decision-making package after the tests have been completed. If the VA denies your claim you have one year from the date of the letter to request a more thorough review.

A lawyer can assist you in this situation. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a a huge benefit to those seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans can be extremely frustrating. The VA offers an appeals procedure for Veterans Disability Lawsuit these decisions. The first step is submitting an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice Of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. It is not necessary to list all the reasons, but you should mention everything that you disagree on.

You should also request your C file or claims file so that you can determine what evidence the VA used to reach their decision. Often times there are no or incomplete records. This can sometimes lead to a mistake in the rating.

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

If you are subject to 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 de novo" which means they will not accept the previous decision. This typically will result in a brand new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest appeals process and it can take up to three years to reach an appeal to be heard.

How much will a lawyer charge?

Lawyers may charge a fee for assisting you appeal an VA disability decision. But, current law prohibits lawyers from charging fees to assist with a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

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

Most disability advocates for veterans are paid on an hourly basis. They only get paid when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay paid can vary, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare cases attorneys or agents may decide to charge on an the hourly basis. However, this is not the norm for two reasons. First, these issues can be time-consuming and can go on for months or even years. Additionally, many veterans disability law and their families can't afford to pay an hourly fee.