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Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they deserve. Ken also represents clients in VA Board of veterans disability law Appeals hearings.

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

What is what is VA disability?

The amount of monetary compensation per month paid to veterans with service-related disabilities is determined on their disability rating. This rating is based upon 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%, Veterans Disability Litigation etc.). The compensation is free of 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 unemployability, automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to basic disability compensation.

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

Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. However, a few of these circumstances require an expert's opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the evidence required to support the claim for disability compensation.

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

How do I make a claim?

Veterans need to first collect the medical evidence to prove their impairment. This includes Xrays or doctor's notes, as well any other documentation pertaining to the condition of the veteran. Providing these records to the VA is essential. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).

The next step is to make an intent to file. This form permits the VA to review your claim, even before you have all the medical records you need. It also preserves your effective date for compensation benefits in the event that you win your case.

Once all the information is in after all the information has been received, the VA will arrange an examination for you. This will be dependent on the number and type of disability you claim. Make sure you take the exam, since in the event you fail to take it the exam could delay your claim.

After the examinations are completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and send you a decision packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.

At this moment, a lawyer will help you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a a huge benefit to those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans can be a source of frustration. The VA offers 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 inform the VA the reasons you don't agree with their decision. You don't need to list every reason, but you should be clear about the issues you disagree with.

It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. There are often documents that are not complete or have been deleted. This can sometimes lead to a mistake in the rating.

When you file your NOD, you will need to decide if you want to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a greater chance of success when you opt for a DRO review than with the BVA.

In the event of a DRO review, Veterans Disability Litigation you can request an individual hearing with a senior rating specialist. The DRO will conduct a review of your claim on an "de novo" basis, which means that they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. You may also opt to have the BVA in Washington examine your claim. This is the most time consuming appeals path and typically can take between one and three years to get a new decision.

How much can an attorney charge?

A lawyer may charge a fee if you appeal the VA decision on the basis of disability. The current law does not permit lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case, or getting your benefits increased through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database that lists licensed attorneys or claims agents. These individuals have been certified by the Department of veterans disability settlement Affairs to represent service members, veterans 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 contingency basis. This means that they will only be paid if they prevail in the appeal of the client and receive back payment from the VA. The amount of backpay that is given can be different, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare cases an attorney or agent might decide to charge on an an hourly basis. However, this is uncommon due to two reasons. First, these cases can be time-consuming and can drag on for months or even years. Second, most veterans and their families can't afford to pay on an hourly basis.