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Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. He also represents his clients in VA Board of veterans disability claim 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 this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The disability rating determines the amount of compensation per month paid to veterans who have service-connected disabilities. This rating is determined by the severity of an injury or illness, and can range between 0% and 100% in increments of 10 percent (e.g. 20% 30, 30%, etc.). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation such as the individual unemployed, the automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.

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

Many of the conditions that qualify an individual for disability compensation are described in the Code of Federal Regulations. Certain of these conditions however, require an expert's opinion. A skilled lawyer with years of experience can assist a client in obtaining this opinion and provide the proof needed to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands disability cases and are conversant with the intricacies of VA rules and regulations. Our firm was created by a disabled veteran who made fighting for veterans disability litigation rights a key part of his practice after he successfully represented himself at a Board of veterans disability law Appeals hearing.

How do I submit a claim?

First, veterans need to look up the medical evidence for their disability. This includes Xrays, doctor's reports or other documentation related to their condition. Giving these records to VA is very important. If a veteran does not have these documents and veterans disability Litigation the VA should be notified by the applicant (or their VSO).

The next step is to make an intent to file. This form allows the VA to review your claim before you have all the required information and medical records. The form also keeps the effective date of your compensation benefits in the event you have a successful case.

Once all the information is received, the VA will schedule an exam for you. The VA will set the date for the examination depending on the number of disabilities as well as the type you claim. Make sure that you take this exam, as if you miss it the exam could delay your claim.

The VA will send you a decision document after the tests have been completed. If the VA decides to deny the claim, you have a year to request a higher level review.

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

How do I appeal a denial?

A refusal of veterans disability benefits can be a frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement you should state to the VA the reasons why you did not agree with their decision. You don't need to list every reason however, you must mention all the points you disagree with.

You must also request a C-file or claims file to see the evidence that the VA used to reach their decision. There are usually incomplete or missing data. In certain cases, this can lead to an error in the rating decision.

When you submit your NOD, you will be asked to decide if you would like your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. In general, Veterans Disability Litigation you'll have a greater chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will conduct a review of your claim on the basis of a "de de novo" basis, which means that they don't give deference the previous decision. This typically results in an entirely new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the longest consuming appeals path and typically takes one to three years to receive a new decision.

How much does a lawyer charge?

Lawyers can charge a fee if appeal the VA decision on a disability claim. But, current law prohibits lawyers from charging fees to assist in a claim. The fee is only due if the lawyer is successful in your case or increases your benefits through an appeal. Typically these fees are paid directly from any lump-sum payment you receive from the VA.

Veterans are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans or their dependents on a range of issues including disability compensation and pension claims.

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

In rare cases, an agent or attorney may decide to charge an the basis of an hourly rate. This is not common due to two reasons. First, these matters can be time-consuming and can last for months or even years. Additionally, many veterans and their families cannot afford an hourly rate.