Veterans Disability Litigation

Ken advises veterans of the military to help them obtain the disability benefits they deserve. Ken assists his 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 Disability Law Firms by denial of their disability claims.

What is a VA disability?

The amount of monthly monetary compensation provided to veterans suffering from disabilities resulting from service is based on their disability rating. The rating is determined by the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10% (e.g., 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 has other programs that provide additional compensation such as individual unemployment, car allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

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

A majority of the conditions that make a veteran for disability compensation are described in the Code of Federal Regulations. However, some of these conditions require an expert opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and present the evidence required to support a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who after securing his own representation at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.

How do I make a claim?

First, veterans must find the medical evidence supporting their condition. This includes X-rays, doctor's reports, or other documents that relate to their health. Providing these records to the VA is vital. If a veteran doesn't have these documents, 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, even before you have all the information and medical records that you require. The form also keeps the date of effective compensation benefits in the event you are successful in your case.

If all the required information is received after all the information has been received, the VA will schedule an examination for you. This will be dependent on the quantity and type of disability you claim. Make sure you take the exam, since If you don't this could affect your claim.

After the examinations are completed after which the VA will review the evidence and send you a decision package. If the VA denies your claim, Veterans disability law firms you have a year from the date of the letter to request a higher-level review.

A lawyer can be of assistance in this situation. Lawyers who are accredited by VA can now be involved in appeals right from the beginning, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be extremely frustrating. The VA offers an appeals procedure to appeal these decisions. The first step is submitting an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your notice of disagreement, you must tell the VA why you disagree with their decision. You don't need to list all of the reasons, but you should mention everything you disagree with.

It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. In many cases, there are missing or incomplete records. This can result in an error in the rating.

When you submit your NOD you must choose whether you would like your case examined by a Decision Review Officer or veterans disability law firms by the Board of Veterans Appeals. In general, you'll be more likely to have success with the DRO review DRO review than with the BVA.

You can request a personal hearing with an expert in senior ratings through the process of a DRO review. The DRO will examine your claim "de novo" which means that they will not accept the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the most time demanding appeals process and usually can take between one and three years to obtain a new decision.

What is the average amount an attorney can charge?

Lawyers can charge a fee to help you appeal the VA decision regarding an appeal for disability. The law in place today does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee must be contingent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. Typically, these fees will be paid directly out of the lump-sum payments that you receive from the VA.

Veterans may find accredited representatives through the VA's searchable database for licensed attorneys or claims agents. They have been vetted by the Department of veterans disability attorney Affairs to represent service members, veterans and their dependents as well as survivors on a range of issues including pension and disability compensation claims.

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

In rare instances an attorney or agent might choose to charge an hourly rate. But, this isn't common due to two reasons. These matters can take a long time to resolve. The second reason is that most veterans and their families cannot afford to pay on an hourly basis.