veterans Disability (maps.google.co.ug) Litigation

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

The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims as per an action filed this week by Yale Law School's veterans disability lawsuit Legal Services Clinic.

What is what is VA Disability?

The amount of monetary compensation per month given to veterans with disabilities resulting from service is based on their disability rating. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in 10% increments (e.g. 20%, 20%, 30% 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, such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the basic disability compensation.

In addition to these benefit programs in addition, [Redirect Only] the Social Security Administration gives military veterans special credit to boost their lifetime earnings for retirement or disability benefits. These extra credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. Some of these conditions, however require an expert's opinion. A veteran lawyer with experience can assist a client obtain this opinion, and supply the evidence needed to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients obtain the disability benefits they are entitled to. We have handled hundreds of disability cases and are proficient in the complexity of VA law and procedure. Our firm was established 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?

First, veterans must find the medical evidence for their disability. This includes Xrays, doctor's reports, or other documents regarding their condition. Making these records available to the VA is very important. 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 a filing of an intention to file. This is a form that permits the VA to review your claim before you have all the medical records you need. It also protects your date of effective for benefits when you win your case.

If all the required information is received, the VA will schedule an examination for you. It will depend on the type and number of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.

After the examinations are completed after which after the examinations are completed, VA will examine the evidence and send you a decision-making packet. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.

At this moment, a lawyer will help you. Lawyers who are accredited by VA can now be involved in the appeals right from the beginning, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans is a frustrating experience. Thankfully the VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that 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. You don't have to list every reason, but you should list all the points you don't agree with.

You must 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 missing or insufficient records. In certain cases this could lead to an error in the rating decision.

If you file your NOD, you will be asked to select whether you would like your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a higher chance of success with a DRO review than with the BVA.

You can request a personal hearing with a senior rating expert through an DRO review. The DRO will conduct the review of your claim on an "de novo" basis, meaning they will not give deference to the previous decision. This usually results in the issue of a new Rating Decision. You can also have the BVA in Washington examine your claim. This is the longest appeals procedure and can take up to three years to reach a new decision.

How much does a lawyer charge?

A lawyer can charge a fee to help appeal a VA decision regarding the basis of disability. The law in place today does not allow lawyers to charge for initial assistance in a claim. The fee is only due if the lawyer is successful in your case or increases your benefits by filing an appeal. The fees are typically paid directly from 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 find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of issues including disability compensation and pension claims.

The majority of veterans' disability advocates are paid on an ad-hoc basis. They only get paid when they prevail in their client's appeal and they also receive back pay from VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's total past due benefit award.

In rare instances lawyers or agents might choose to charge an hourly rate. This is rare for two reasons. First, these situations are usually time-consuming and can last for months or even years. The second reason is that most veterans disability lawsuits and their families are unable to afford to pay for these services on an hourly basis.