Veterans Disability Litigation

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

The Department of Veterans Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims in a lawsuit filed last week by Yale Law School's veterans disability attorneys Legal Services Clinic.

What is what is VA Disability?

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

VA offers additional compensation through other programs, for example individual unemployment, clothing allowances prestabilization and hospitalization car allowances, and hospitalization allowances. These are in addition to the standard disability compensation.

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

Many of the conditions that make an individual for disability compensation are included in the Code of Federal Regulations. However, a few of these conditions require an expert's advice. A seasoned lawyer with experience can assist clients in obtaining this opinion and present 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 helping our clients receive the benefits they're entitled to. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself in an appeals hearing before the Board of veterans disability law Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.

How do I make a claim?

Veterans must first locate the medical evidence to prove their impairment. This includes any X-rays, doctor's notes or other evidence relevant to their health. The submission of these records to the VA is vital. 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 submit an intent to file. This form allows the VA to review your claim before you have all the medical records you need. It also ensures that you have an date of eligibility for compensation benefits if you win your case.

The VA will schedule your exam when all details have been received. It will depend on the type and number of disability you claim. Be sure to take this test, because if you miss it this could affect your claim.

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

At this point, a lawyer can help you. Accredited lawyers from VA can be involved in appeals from the beginning which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans is a frustrating experience. 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, which has sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA why you are not happy with their decision. It is not necessary to list all of the reasons, but you should mention everything that you disagree on.

You should also request your C file, or claims file, to determine the evidence that the VA used to make their decision. There are usually insufficient or missing records. In certain cases this could lead to an error in the rating decision.

When you submit your NOD, the applicant will be asked to select whether you would like your case reviewed either by the 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 than when 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 review your claim "de novo" this means they will not rely on the previous decision. This usually results in an entirely new Rating Decision. You can also request that the BVA in Washington review your claim. This is the most time lengthy appeals procedure and typically takes one to three years to get an updated decision.

What is the cost an attorney could charge?

Lawyers may charge a fee for assisting you appeal a VA disability decision. However, current law prohibits lawyers from charging fees for assistance with a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically the fees are paid directly from any lump-sum payment you receive from the VA.

Veterans can locate accredited representatives using the VA's searchable database of accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a variety of issues including pension and disability compensation claims.

The majority of veterans disability compensation' disability advocates work on a contingency basis. This means that they will only be paid if they win the appeal of the client and Veterans Disability Litigation receive back pay from the VA. The amount of backpay that is granted can differ, but it can be as high as 20 percent of the claimant's past due benefits.

In rare instances, an agent or attorney may decide to charge on an the basis of an hourly rate. However, this is uncommon for two reasons. These matters can take months or even years to resolve. The second reason is that many veterans disability lawyers and their families cannot afford an hourly fee.