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Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they are entitled to. Ken assists his clients at VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School veterans disability settlement Legal Services Clinic this week The Department of veterans disability law Affairs discriminated for decades against Black veterans disability lawyer, disproportionately refusing their disability claims.

What is what is VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with service-connected disabilities. The rating is based on the severity of an illness or injury and may range between zero and 100% in increments of 10% (e.g. 20 percent, 30%, etc.). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.

VA offers additional compensation through other programs, like individual unemployment allowances for clothing 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 special credits they can utilize to increase their earnings over time to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."

Many of the conditions that make disabled veterans for disability benefits are included in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A seasoned veteran attorney can assist a customer in obtaining this opinion, and provide the evidence required to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complexity of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a major part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans must first locate the medical evidence to prove their disability. This includes Xrays, doctor's reports or other documentation regarding their medical condition. Giving these records to VA is essential. If a veteran does not have these documents then the VA must be informed by the claimant (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 all the required information and medical records. This form also ensures the date you can start receiving your compensation benefits in case you succeed in your claim.

The VA will schedule your examination after all the required information is received. It will depend on the amount and type of disabilities you are claiming. Make sure that you take this test, because If you don't the exam could delay your claim.

After the examinations have been completed after which the VA will review the evidence and send you a decision package. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.

A lawyer can be of assistance at this point. Lawyers who are accredited by VA can now be involved in the appeals from the beginning, which is a huge benefit for Veterans Disability Litigation those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans disability legal can be extremely frustrating. The VA provides an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your notice of disagreement, you must tell the VA why you are not happy with their decision. You don't have to give every reason, but you should be clear about the issues you disagree with.

You must also request your C-file or claims file so that you can see the evidence that the VA used to make their decision. In many cases there are missing or incomplete records. This can sometimes lead to an error in the rating.

When you submit your NOD you will need to decide if you would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success when the DRO examines your case rather than when it's reviewed by BVA.

When you request the DRO review, you have the option of asking for an individual hearing with a senior rating specialist. The DRO will conduct the review of your claim on an "de novo" basis, meaning they will not give deference to the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest consuming appeals path and typically can take between one and three years for an updated decision.

What is the cost an attorney could charge?

A lawyer can charge a fee to assist you appeal an VA disability decision. However, the law currently prohibits lawyers from charging fees for assistance in the case. The fee is only payable in the event that the lawyer wins your case or increases your benefits via an appeal. Typically the fees are directly derived from any lump-sum payments you receive from the VA.

veterans disability compensation may be able find accredited representatives through the VA's searchable database for licensed attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of matters such as disability compensation and pension claims.

Most veterans' disability advocates are paid on a contingent basis. This means that they only get paid if they are successful in winning the client's appeal and are awarded back payments from the VA. The amount of backpay given can be different however it could be as high as 20 percent of the claimant's past-due benefits.

In rare cases lawyers or agents might decide to charge an hourly fee. However, this is uncommon for two reasons. These matters can take months or years to be resolved. The second reason is that many veterans and their families can't afford to pay an hourly rate.