Veterans Disability Litigation

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

The Department of veterans Disability law firms Affairs discriminated against Black veterans for years by generally denying their disability claims according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The amount of monetary compensation per month provided to veterans suffering from service connected disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can range from zero and 100% in increments of 10 percent (e.g. 20 percent 30%, 20%, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their family.

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

The Social Security Administration also gives veterans special credits that they can utilize to increase their earnings over time to qualify for retirement or disability benefits. These credits are referred to as "credit for service."

A majority of the conditions that qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. Certain of these conditions however require an expert's advice. An experienced veteran attorney can assist a client in obtaining this opinion, and provide the evidence required to prove an claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the benefits they're entitled to. We have handled a variety of disability cases and are conversant with the intricacies of VA laws and procedures. Our firm was established by a disabled veteran who made fighting for veterans' rights a key part of his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

The first step is to find the medical evidence for their impairment. This includes X-rays and doctor's reports or other documentation that relate to their health. Giving these records to VA is crucial. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to make an intent to file. This form allows the VA examine your claim even before you have the needed information and medical records. It also preserves your date of effective for benefits in the event that you win your case.

The VA will schedule your medical exam once all of the information is received. The VA will set the date for Veterans Disability Law Firms the examination in accordance with the amount of disabilities you have and the type you are claiming. Attend this exam as missing it could delay the process of your claim.

The VA will send you a decision document when the examinations have been completed. If the VA denies your claim, you have a year from the date of the letter to request a higher-level review.

A lawyer can help at this point. Accredited lawyers from VA can be involved in appeals from the beginning which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

The denial of veterans' disability benefits can be frustrating. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office which 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 the reasons but you should list everything that you disagree on.

You should also request your C-file or claims file to see what evidence the VA used to reach their decision. Most of the time, there are missing or insufficient records. In some cases this could lead to an error in the rating decision.

When you file your NOD, you must decide whether you prefer to have your situation reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll be more likely to have success with the DRO review DRO review than with the BVA.

If you are subject to the DRO review you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will review your claim "de de novo" this means they will not rely on the previous decision. This usually will result in a brand new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the most time demanding appeals process and usually takes between one and three years to receive a new decision.

What is the average cost a lawyer can charge?

A lawyer can charge a fee for assisting you appeal an VA disability decision. The current law does not allow lawyers to charge for assistance with a claim in the beginning. The fee is only payable in the event that the lawyer wins your case or veterans disability law Firms 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 who are accredited or claim agents to locate accredited representatives. They are vetted by the Department of veterans disability lawyer Affairs and can represent veterans, service members or dependents in a wide range of matters including pension claims, disability compensation and claims.

Most disability advocates for veterans are paid on an hourly basis. This means that they will only be paid if they win the appeal of the client and get back payments from the VA. The amount of back pay that is awarded varies, but can be as high as 20 percent of the claimant's total past-due benefit amount.

In rare cases attorneys or agents might decide to charge on an per hour basis. This is not common due to two reasons. First, these situations tend to be time-consuming and can go on for months or even years. The second reason is that most veterans and their families can't afford to pay on an hourly basis.