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Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of veterans disability lawsuit Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims in an action 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 disabilities that are related to service. The rating is determined by the severity of the injury or illness and can vary from 0% to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.

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

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

Many of the conditions that can qualify an individual for disability compensation are listed in the Code of Federal Regulations. However, certain circumstances require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and present the evidence required to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans' rights a priority in his practice after he successfully represented himself at a Board of veterans disability law Appeals hearing.

How do I make a claim?

First, veterans need to find the medical evidence that supports their impairment. This includes any X-rays, doctor's reports or other documentation relevant to their medical condition. Making these records available to the VA is essential. 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 to make an intent to file. This form allows the VA to review your claim before you have all the information and medical records that you require. It also ensures that you have an effective date for compensation benefits if you win your case.

If all the required information is in after all the information has been received, the VA will schedule an exam for you. This will be dependent on the type and number of disabilities you are claiming. Make sure you attend the exam, since in the event you fail to take it and fail to take it, it could hinder your claim.

After the examinations have been completed, after the examinations are completed, VA will review the evidence and send you a confirmation packet. If the VA decides to deny the claim, you will have one year to request a higher-level review.

At this moment, a lawyer will help you. Lawyers who are accredited by VA can now be involved in appeals right from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a difficult experience. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't have to give every reason, but you must state all the issues that you don't agree with.

You must also request a C-file, or claims file, so that you can see the evidence that the VA used to arrive at their decision. There are usually insufficient or missing records. This could lead to an error in the rating.

When you file your NOD you must choose whether you would like to have your case reviewed by a Decision-Review Officer or by the Board of veterans disability lawyers Appeals. In general, you will have a greater chance of success with a DRO review than with the BVA.

You can request a personal hearing with an expert in senior rating through an DRO review. The DRO will conduct a review of your claim on a "de de novo" basis, which means they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. You may also decide to request that 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.

How much will a lawyer charge?

Lawyers can charge a fee for helping you appeal the VA decision on a disability claim. 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. Typically these fees are paid out of any lump-sum payments you get from the VA.

Veterans may identify accredited representatives by using the VA's searchable database of licensed attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a range of issues including disability compensation and pension claims.

Most disability advocates for veterans work on a contingency basis. They only receive compensation when they succeed in winning their client's appeal and they also receive back pay from VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's past-due benefit.

In rare instances, an agent or attorney might decide to charge on an per hour basis. This is rare for two reasons. These issues can take a long time to resolve. In addition, many veterans and their families don't afford to pay an hourly rate.