Veterans Disability Litigation

Ken counsels veterans of the military to help them get the disability compensation they deserve. 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 Affairs discriminated for decades against Black veterans by discriminating against their disability claims.

What is what is VA disability?

The amount of monthly monetary compensation provided to veterans suffering from service-related disabilities is based on their disability rating. This rating is determined by the severity of an illness or injury and may range between zero and 100% in increments of 10 percent (e.g. 20% 30%, 20 percent, etc.). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation like individual unemployability, automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to basic disability compensation.

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

Many of the conditions that allow a veteran for disability compensation are mentioned in the Code of Federal Regulations. However, some of these conditions require an expert opinion. A seasoned veteran attorney 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 helping our clients get the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans' rights a priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I make a claim?

Veterans need to first collect the medical evidence supporting their impairment. This includes X-rays and doctor's notes, as well as any other documentation 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 must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intention to file. This form lets the VA examine your claim even before you have the proper information and medical records. This form also preserves the date on which you will receive your compensation benefits if you are successful in your case.

The VA will schedule your appointment after all the information is received. This will depend on the amount and type of disabilities you are claiming. Make sure that you take this exam, as If you don't and fail to take it, it could hinder your claim.

Once the tests are complete Once the examinations are complete, the VA will examine the evidence and then send you a confirmation packet. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.

A lawyer can be of assistance in this situation. Accredited lawyers from VA can be involved in appeals from the beginning which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. The VA has an appeals process to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your notice of disagreement, you must inform the VA why you are not happy with their decision. You don't have to list all the reasons, but you should mention all the points you disagree with.

You should also request your C file or claims file so that you can see what evidence the VA used to reach their decision. Often times there are no or insufficient records. This can lead to an error in the rating.

If you submit your NOD you must decide whether you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a greater chance of success when you opt for a DRO review than with the BVA.

In the event of a DRO review you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will conduct the review of your claim on a "de de novo" basis, meaning they don't give deference the previous decision. This typically will result in a brand new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the longest appeals process, and it could take approximately three years to get a new decision.

How much will a lawyer charge?

Lawyers can charge a fee for helping you appeal the VA decision regarding an appeal for disability. However, the law currently prohibits lawyers from charging fees for assistance when submitting a claim. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

arden Hills veterans Disability lawyer can find accredited representatives via the VA's searchable database for accredited attorneys or claims agents. These representatives are accredited by the Department of colona veterans disability lawsuit Affairs and can represent veterans, service members or dependents in a broad range of matters such as pension claims and disability compensation claims.

Most disability advocates for veterans work on a contingency basis. This means that they only get paid if they win the client's appeal and receive back payments from the VA. The amount of back pay 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 could decide to charge an hourly fee. However, this is uncommon for two reasons. First, these cases tend to be time-consuming and can drag on for months or even years. The second reason is that many veterans and their families don't afford to pay an hourly fee.