Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability compensation they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.

According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week The Department of veterans disability lawsuits Affairs discriminated for decades against Black Veterans Disability Law Firms by discriminating against their disability claims.

What is an VA disability?

The amount of monthly monetary compensation that veterans receive for service connected disabilities is based on their disability rating. This rating is based upon the severity of the illness or injury and can range from 0% up to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.

VA offers additional compensation through other programs, such as individual unemployment, clothing allowances as well as 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 a special credit they can utilize to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These credits are also referred to as "credit for service."

A majority of the conditions that make a veteran for disability compensation are mentioned in the Code of Federal Regulations. However, certain conditions require an expert's advice. A veteran lawyer with experience can assist a customer in obtaining this opinion, and supply the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to ensuring that our clients get the disability benefits they are entitled to. We have handled a variety of disability cases and are familiar with the complexities of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans' rights a major part of his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans need to locate the medical evidence that supports their condition. This includes X-rays or doctor's reports, as with any other documentation that is related to the condition of the veteran. It is vital to provide these records to VA. 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 fill out an intent to file. This form lets the VA examine your claim even before you have the necessary information and medical records. It also keeps your effective date for receiving compensation when you win your case.

When all the data is provided, the VA will schedule an appointment for you. The VA will set the date for the examination depending on the amount of disabilities you have and the type of disability you claim. Make sure that you take the exam, since in the event you fail to take it and fail to take it, it could hinder your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA decides to deny the claim, you have a year to request a higher level review.

At this moment, a lawyer could help you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a gruelling experience. Thankfully that the VA has an appeals process for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disagreement, you must tell the VA the reasons you don't agree with their decision. You don't have to give every reason, but you must list all the points you don't agree with.

You must also request a C-file or claims file so that you can determine the evidence that the VA used to make their decision. There are usually incomplete or missing records. In some cases, this can lead to an error in the rating decision.

When you submit your NOD, it will be asked to choose whether you want your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO reviews your case, compared to when it's reviewed by the BVA.

You can request a private hearing with an expert in senior rating through an DRO review. The DRO will examine your claim "de novo" which means that they will not defer to the previous decision. This usually results in a new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the time lengthy appeals procedure and typically takes between one and three years to receive an updated decision.

How much can an attorney charge?

Lawyers can charge a fee to help appeal an VA decision regarding a disability claim. The law in place today does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans can search the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These people are accredited by the Department of veterans disability lawsuit Affairs and are able to represent service members, veterans or dependents in a wide range of matters that include disability compensation claims and pension claims.

The majority of veterans' disability advocates work on a contingency basis. This means that they will only be paid if they succeed in winning the client's appeal and are awarded back payment from the VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total past-due benefit award.

In rare cases lawyers or agents might choose to charge an hourly rate. This isn't often the case due to two reasons. First, these cases tend to be time-consuming and can go on for months or even years. The second reason is that many veterans and their families are unable to afford an hourly rate.