Veterans Disability Litigation

Ken assists veterans disability settlement to obtain the disability benefits they are entitled to. He also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by rejecting their disability claims in adisproportionate way as per the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have disabilities that are related to service. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in 10% increments (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their families.

VA provides additional compensation through other programs, for example individual unemployment, clothing allowances as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These are in addition to the regular disability compensation.

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

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. Some of these conditions, however require the opinion of an expert. A veteran lawyer with experience can assist a customer in obtaining this opinion, and supply the necessary evidence to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to helping our clients receive the disability benefits that they are entitled to. We have handled hundreds of disability cases and are knowledgeable in the complexity 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 an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

The first step is to find the medical evidence for their impairment. This includes X-rays or doctor's reports, as well as any other documentation related to the veteran's condition. Giving these records to VA is very important. If a veteran does not 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 is a form that permits the VA to review your claim even before you have all the medical records that you require. It also protects your date of effective for benefits in the event that you win your case.

If all the required information is received when all the information is in, the VA will schedule an examination for you. The VA will schedule an examination according to the number of disabilities and the type of disability you claim. In the event that you do not attend this exam, it could delay the process of submitting your claim.

The VA will send you a decision-making package when the examinations have been completed. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.

A lawyer can be of assistance at this point. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a huge benefit to those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans is a frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is submitting an Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your notice of disagreement, you must inform the VA the reasons you don't agree with their decision. It is not necessary to list all of the reasons, but you should mention all the points you disagree with.

You should also request your C file, or claims file, to determine the evidence that the VA used to arrive at their decision. Sometimes there are no or insufficient records. This can lead to an error 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. In general you'll have more of a chance of success when the DRO reviews your case than if it's reviewed by the BVA.

With an DRO review, you have the option of asking for a personal hearing before a senior rating specialist. The DRO will conduct a review of your claim on the basis of a "de de novo" basis, which means that they will not give deference to the previous decision. This usually results in an entirely new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the longest appeals process and can take up to three years for an update on the decision.

How much does an attorney charge?

Lawyers may charge a fee for helping you appeal a VA disability decision. The current law does not allow lawyers to charge fees for Veterans Disability Litigation assistance with a claim in the beginning. This is due to the fact that the fee has to be dependent on the lawyer winning your case or having your benefits increased through an appeal. Typically these fees are directly derived from the lump-sum payments that you receive from the VA.

Veterans can look through the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans disability lawyers, service members or Veterans Disability Litigation their dependents on a range of issues including pension and disability compensation claims.

Most veterans' disability advocates work on a contingency basis. This means that they only get paid if they prevail in the client's appeal and are awarded back pay from the VA. The amount of backpay paid can vary, but it can be as high as 20 percent of a claimant's past-due benefits.

In rare cases, an agent or attorney may decide to charge an the basis of an hourly rate. However, this is uncommon due to two reasons. These issues can take months or years to resolve. Second, many veterans and their families don't afford an hourly fee.