Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits 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 Affairs discriminated for decades against Black veterans by discriminating against their disability claims.

What is what is VA disability?

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

VA offers additional compensation through other programs, including individual unemployment allowances for clothing prestabilization and hospitalization, allowances for automobiles, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credits they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. However, certain conditions require an expert's advice. A seasoned lawyer with experience can help a client obtain this opinion and provide the evidence needed to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in an appeals hearing before the Board of Veterans Appeals Hearing, made tuscaloosa veterans disability lawsuit' rights the top priority in his practice.

How do I claim a benefit?

Veterans need to first collect the medical evidence that proves their impairment. This includes X-rays and doctor's reports or any other documentation relevant to their medical condition. Making these records available to the VA is crucial. If a veteran does not have these documents, [empty] they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intent to file. This form permits the VA to review your claim before you have all the medical records you require. The form also keeps the date on which you will receive your compensation benefits if you are successful in your case.

If all the required information is received when all the information is in, the VA will arrange an examination for you. The VA will schedule the exam in accordance with the severity of your disability and the type you are claiming. Make sure that you take the exam, since in the event you fail to take it, it could delay your claim.

Once the examinations are complete, the VA will examine the evidence and give you a decision-making packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.

At this moment, a lawyer will assist you. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is a an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by fairfield veterans disability law firm (https://vimeo.Com/709544737) can be a source of frustration. Thankfully the VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement you should state to the VA why you disagreed with their decision. You don't need to list every reason, but you must be clear about the issues you don't agree with.

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

When you file your NOD, you must choose whether you want to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.

With a DRO review you have the option of requesting an individual hearing with a senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de de novo" basis, which means that they will not give any deference to the previous decision. This usually results in a completely new Rating Decision. You can also choose to request that the BVA in Washington review your claim. This is the longest appeals process and it can take approximately three years to get a new decision.

What is the average cost a lawyer can charge?

A lawyer may charge a fee to assist you appeal a VA disability decision. The law in place today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only due 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 payment 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 individuals have been certified by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of issues such as disability compensation and pension claims.

The majority of veterans' disability advocates are paid on an ad-hoc basis. This means that they are only paid if they are successful in winning the client's appeal and receive back payments from the VA. The amount of backpay that is given can be different but it could be as high as 20 percent of a claimant's past-due benefits.

In rare cases, an agent or attorney may decide to charge on an the hourly basis. This is rare for two reasons. First, these matters tend to be time-consuming and can go on for months or even years. In addition, the majority of veterans and their families are unable to afford to pay for these services on an hourly basis.