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Veterans Disability Litigation

Ken helps veterans disability compensation obtain the disability benefits they are entitled to. Ken also represents his clients in VA Board of veterans disability legal Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims as per an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The disability rating determines the amount of compensation per month paid to veterans who have service-related disabilities. This rating is determined by the severity of an illness or injury and can vary between zero and 100% in increments of 10% (e.g. 20% 30 percent, 30 percent, etc.). The compensation is free 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 unemployability, 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 special credits they can utilize to increase their lifetime earnings and qualify for retirement or disability benefits. These extra credits are known as "credit for service."

A majority of the conditions that can qualify a veteran for disability compensation are described in the Code of Federal Regulations. Certain of these conditions however require an expert's advice. An experienced veteran attorney can help a customer obtain an opinion, and also provide the necessary evidence to support an claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to ensuring that our clients receive the disability benefits that they are entitled to. We have handled thousands of disability cases and are conversant with the intricacies of VA rules and regulations. Our firm was established in 1996 by a disabled vet who after securing his own representation at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.

How do I claim a benefit?

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

The next step is to submit an intent to file. This form allows the VA to begin reviewing your claim even before you have all the information and medical records required. This form also protects the effective date of your compensation benefits if you have a successful case.

When all the information is received When all the information is submitted, the VA will schedule an appointment for you. This will depend on the quantity and type of disabilities you are claiming. Be sure to take the exam, since if you miss it the exam could delay your claim.

The VA will send you a decision document after the examinations are completed. If the VA rejects the claim, you will have one year to request a higher-level review.

A lawyer can help at this point. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a difficult experience. The VA offers an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice Of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you should list all the points you don't agree with.

You must also request your C-file or claims file to see the evidence that the VA used to reach their decision. Often times there are no or incomplete records. In certain cases, this can lead to an error in the rating decision.

When you file your NOD, you must decide whether you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a higher chance of success when you opt for a DRO review than with the BVA.

If you are subject to an DRO review, you have the option of requesting a personal hearing before an experienced senior Veterans Disability Litigation rating specialist. The DRO will conduct an examination of your claim on the basis of a "de novo" basis, which means they don't give deference the previous decision. This usually will result in a brand new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the most time taking appeals route and typically can take between one and three years to obtain an updated decision.

How much will a lawyer charge?

A lawyer may charge a fee to help you appeal the VA decision on an appeal for disability. The current law does not allow lawyers to charge for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer prevailing in your case, or getting your benefits increased by an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

veterans disability settlement can use the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans or their dependents in a range of issues such as disability compensation and pension claims.

The majority of veterans' disability advocates are paid on an ad-hoc basis. They only receive compensation when they are successful in defending their client's case, and they also receive back pay from VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's past-due benefit amount.

In rare instances attorneys or agents may decide to charge on an the basis of an hourly rate. This is rare for two reasons. First, these cases can be time-consuming and can take months or even years. Second, many veterans and their families can't afford to pay an hourly rate.