Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. Ken also represents his clients in 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 Affairs discriminated for decades against Black veterans by discriminating against their disability claims.

What is an VA Disability?

The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is determined on their disability rating. The rating is based on the severity of an illness or injury, and can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30, 30%, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their families.

The VA also has other programs that provide additional compensation, such as individual unemployment, car allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.

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

Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. However, some of these 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 support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they deserve. We have handled a variety of disability cases and are familiar with the complexities of VA regulations and laws. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.

How do I submit a claim?

Veterans must first locate the medical evidence supporting their disability. This could include X-rays, doctor's reports, as well any other documentation pertaining to the veteran's condition. Giving these records to VA is vital. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This form lets the VA examine your claim even before you have all the required information and medical records. This form also preserves the date on which you will receive your compensation benefits in case you win your case.

The VA will schedule your exam after all the required details have been received. The VA will schedule an exam depending on the amount of disabilities you have and the type you claim. In the event that you do not attend this exam, it could delay the process of submitting your claim.

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

At this point, a lawyer can assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a a huge benefit to those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be a source of frustration. The VA has an appeals process to appeal these decisions. The first step is submitting an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to give every reason, but you should mention all the aspects you don't agree with.

It's also crucial to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. There are often incomplete or missing data. This can lead to a mistake in the rating.

If you file your NOD, the applicant will be asked to decide if you would like your case reviewed by an Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll be more likely to have success when you opt for a DRO review than with the BVA.

With an DRO review, you have the option of requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct the review of your claim on an "de novo" basis, which means that they will not give any deference to the previous decision. This usually results in an entirely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the time demanding appeals process and usually takes one to three years to get a new decision.

How much can a lawyer charge?

A lawyer can charge a fee to help you appeal a VA disability decision. However, the law currently prohibits lawyers from charging fees for assistance with a claim. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

Veterans are able to search the database of accredited attorneys or claim agents to locate accredited representatives. These individuals are accredited by the Department of fallon veterans disability attorney Affairs and are able to represent veterans, service members or dependents in a wide variety of cases including pension claims, disability compensation and claims.

Most veterans' disability advocates work on a contingency basis. They only get paid when they prevail in their client's appeal and also receive back pay from VA. The amount of backpay granted can differ but it could be as high as 20 percent of the claimant's past-due benefits.

In rare instances lawyers or agents might choose to charge an hourly rate. This is uncommon due to two reasons. These matters can take a long time to be resolved. Second, many veterans and their families are unable to afford an hourly fee.