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Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. Ken also represents clients in 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 a VA disability?

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

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

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

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. However, some of these conditions require an expert opinion. A seasoned veteran attorney can assist a client in obtaining this opinion, and provide the evidence required to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients get the disability benefits they deserve. We have handled a variety of disability cases and are familiar with the complexities of VA laws and procedures. Our firm was founded in 1996 by a disabled veteran who, after successfully representing himself at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.

How do I claim a benefit?

Veterans need to first collect the medical evidence supporting their disability. This includes Xrays, doctor's reports or any other documentation related to their condition. It is vital to provide these records to VA. If a veteran doesn't have these documents and the VA should be notified by the applicant (or their VSO).

The next step is the filing of an intention to file. This form lets the VA review your claim even before you have the necessary information and medical records. It also ensures that you have an date of effective for benefits in the event that you win your case.

Once all the information is submitted after all the information has been received, the VA will schedule an exam for you. The VA will set the date for the examination in accordance with the amount of disabilities you have and the type of disability you're claiming. In the event that you do not attend this exam, it could delay the process of your claim.

Once the examinations are complete after which the VA will examine the evidence and give you a decision-making packet. If the VA decides to deny the claim, you'll have one year to request a higher level review.

A lawyer can help in this situation. Attorneys accredited by VA can be involved in the appeals process from the beginning, veterans disability lawsuit which is a an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans is a frustrating experience. The VA has an appeals process to appeal these decisions. The first step is submitting an Notice of Disagreement to the VA regional office that sent you the Rating decision. In your Notice Of Disagreement, you must explain to the VA why you are not happy with their decision. You don't need to list every reason, but you should list all the points you don't agree with.

It's also important to request your C-file (claims file) to see the evidence the VA used in making their decision. There are often incomplete or missing data. In some instances this could lead to an error in the rating decision.

When you file your NOD you must decide whether you would like your case examined by a Decision Review Officer or by the Board of veterans disability lawsuit (Going On this site) Appeals. Generally speaking, you'll have a higher chance of success when you opt for a DRO review than with the BVA.

With the DRO review you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will conduct an examination of your claim on a "de de novo" basis, meaning they will not give deference to the previous decision. This typically will result in a brand new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the time demanding appeals process and usually can take between one and three years to obtain an updated decision.

How much will a lawyer charge?

A lawyer may charge a fee for helping appeal an VA decision regarding an appeal for disability. The law as it stands today does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only due when the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans are able to search the database of attorneys who are accredited or claim agents to locate accredited representatives. These individuals are accredited by the Department of veterans disability lawyers Affairs and veterans disability lawsuit can represent service members, veterans or their dependents in a wide variety of cases such as pension claims and disability compensation claims.

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

In rare instances an attorney or agent may choose to charge on the hourly basis. This is not common due to two reasons. These matters can take a long time to resolve. In addition, the majority of veterans and their families cannot afford to pay for these services on an hourly basis.