Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. He assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black hood river veterans disability lawyer for decades by rejecting their disability claims in adisproportionate way as per a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. The rating is determined by the severity of the injury or illness and can vary from 0% to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The compensation is free of tax and provides a basic source of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation, such as individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to basic disability compensation.

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

A majority of the conditions that qualify an individual for disability compensation are mentioned in the Code of Federal Regulations. However, certain conditions require an expert opinion. A seasoned lawyer with experience can assist a client in obtaining this opinion and present the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the benefits they're entitled to. We have handled thousands disability cases and are conversant with the complexities of VA rules and regulations. Our firm was started by a disabled vet who made fighting for veterans' rights a key part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

First, firm veterans must find the medical evidence that supports their disability. This includes X-rays and doctor's notes, as well in any other documentation related to the condition of the veteran. It is vital to provide these records to VA. If a veteran doesn't have these documents then the VA should be notified by the applicant (or their VSO).

The next step is the filing of an intention to file. This form allows the VA to begin reviewing your claim even before you have all the medical records you require. This form also ensures the date of effective compensation benefits in the event that you have a successful case.

The VA will schedule your examination after all the details have been received. It will depend on the type and number of disabilities you are claiming. Make sure you take this exam, as If you don't and fail to take it, it could hinder your claim.

Once the tests are complete, after the examinations are completed, VA will examine the evidence and send you a confirmation packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can help you in this situation. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a frustrating experience. The VA has an appeals process to appeal these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to include all the reasons, but you should mention all the points you disagree with.

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

After you have submitted your NOD, you will be asked to select whether you want your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success when the DRO examines your case rather than when it's reviewed by the BVA.

In the event of the DRO review, you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on a "de de novo" basis, which means that they don't give deference the previous decision. This usually results in a new Rating Decision. You may also opt to have the BVA in Washington examine your claim. This is the time consuming appeals path and typically can take between one and three years to get an updated decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee to help you appeal a VA decision on a disability claim. The law in place today does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only payable if the lawyer is successful in your case or increases your benefits by filing an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans may be able find accredited representatives through the VA's searchable database that lists accredited attorneys or claims representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a range of issues including disability compensation and pension claims.

The majority of veterans' disability advocates are paid on an hourly basis. This means that they are only paid if they are successful in winning the client's appeal and are awarded back pay from the VA. The amount of backpay paid can vary but can be as high as 20 percent of the claimant's past due benefits.

In rare cases, an agent or attorney may choose to charge on per hour basis. However, this is uncommon due to two reasons. First, these issues can be time-consuming and can take months or even years. Second, many veterans and their families don't afford an hourly fee.