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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 disability legal Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans disability attorneys for decades by rejecting their disability claims in adisproportionate way according to 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 monthly compensation paid to veterans disability attorney with service-connected disabilities. The rating is determined by the severity of the illness or injury and can range from 0% up to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The amount is devoid of tax and provides a basic amount of income to the disabled veteran and his family.

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

In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credits to boost their retirement or disability benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that make a veteran eligible for Veterans Disability Litigation disability compensation. However, certain conditions require an expert opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the evidence needed to prove the claim for Veterans Disability Litigation disability benefits.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to ensuring that our clients get the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I submit a claim?

First, veterans must find the medical evidence supporting their condition. This could include X-rays, doctor's reports, as as any other documentation related to the condition of the veteran. Making these records available to the VA is very important. If a veteran doesn't 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, even before you have all the information and medical records you require. It also keeps your date of eligibility for compensation benefits when you win your case.

If all the required information is received when all the information is in, the VA will arrange an examination for you. The VA will schedule the exam depending on the amount of disabilities you have and the type of disability you claim. If you fail to attend this test, it could delay the process of your claim.

The VA will send you a decision-making package when the examinations have been completed. If the VA denies the claim, you will have one year to request a higher-level review.

At this stage, a lawyer is able to help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a hugely beneficial to people seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans is a frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your notice of disagreement, you must tell the VA the reason you don't like their decision. It is not necessary to list every reason, but you should mention all the aspects you don't agree with.

You should also request your C file, or claims file, to determine the evidence that the VA used to arrive at their decision. Sometimes there are no or incomplete records. This can lead to a mistake in the rating.

If you submit your NOD you will need to decide if you would like your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will be more likely to have success when you opt for the DRO review DRO review than with the BVA.

When you request a DRO review, you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will review your claim "de novo", meaning that they will not accept the previous decision. This usually results in a new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest appeals process and it can take up to three years before you receive an update on the decision.

How much does a lawyer charge?

Lawyers can charge a fee to help appeal a VA decision regarding a disability claim. The current law does not allow lawyers to charge for initial assistance in a claim. This is because the fee is contingent on the lawyer winning your case, or getting your benefits increased by an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database of licensed attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and can represent veterans disability claim, service members or their dependents in a wide range of issues, including pension and disability compensation claims.

Most disability advocates for veterans are paid on a contingency basis. They only receive compensation when they prevail in their client's appeal and also receive back pay from VA. The amount of back pay that is awarded varies, but can be as high as 20 percent of the claimant's total past due benefits.

In rare cases, an agent or lawyer might decide to charge an hourly rate. But, this isn't common for two reasons. These issues can take months or years to resolve. Additionally, many veterans disability litigation and their families can't afford to pay an hourly rate.