Veterans Disability Litigation

Ken advises veterans of the military to help them obtain the disability compensation they are entitled to. He assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans disability attorney for decades, rejecting their disability claims in adisproportionate way in the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The amount of monthly monetary compensation provided to veterans suffering from service-related disabilities is based on their disability rating. This rating is based upon the severity of an illness or injury and can range from 0% and 178.33.94.67 100% in increments of 10% (e.g. 20 percent 30%, 20 percent, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their family.

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

In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credits to boost their earnings over the course of their lives for retirement or disability benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. 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 necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to ensuring that our clients receive the disability benefits that they deserve. We have handled thousands of disability cases and are well-versed in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who, after successfully representing himself at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an integral part of his practice.

How do I submit a claim?

veterans disability attorney must first gather the medical evidence of their disability. This could include X-rays, doctor's reports as well any other documentation pertaining to the condition of the veteran. The submission of these records to the VA is very important. If a veteran doesn't have these documents then the VA must be informed by the claimant (or their VSO).

The next step is a filing of an intent to file. This form lets the VA to review your claim before you have the needed information and medical records. It also keeps your date of eligibility for compensation benefits should you prevail in your case.

Once all the information is submitted When all the information is submitted, the VA will arrange an examination for you. This will be dependent on the amount and type of disability you claim. If you fail to attend this test, it could delay the process of your claim.

The VA will send you a decision-making package once the examinations have been completed. If the VA rejects the claim, you'll have one year to request a more extensive review.

At this moment, a lawyer will help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a an enormous benefit to those seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be frustrating. 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, which has sent you the Rating Decision. In your Notice of Disagreement you must tell the VA the reason you don't like their decision. You don't have to list all the reasons however, you must mention everything that you disagree on.

It's also important to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. Most of the time there are gaps or incomplete records. In certain cases, this can lead to an error in the rating decision.

If you submit your NOD you will need to decide if you would like to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success if the DRO examines your case rather than if it's viewed by the BVA.

You can request a private hearing with a senior rating expert through a DRO review. The DRO will examine your claim "de novo" this means they will not rely on the previous decision. This usually results in an entirely new Rating Decision. You may also decide to request that the BVA in Washington examine your claim. This is the most lengthy appeals process, and it could take up to three years before you receive an appeal to be heard.

How much can an attorney charge?

A lawyer may charge a fee to assist you appeal an VA disability decision. The law as it stands today does not allow lawyers to charge for initial assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans may be able find accredited representatives via the VA's searchable database that lists accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide variety of cases such as pension claims and disability compensation claims.

Most disability advocates for veterans operate on a contingent basis. This means that they only get paid if they prevail in the appeal of the client and get back pay from the VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total past due benefits.

In rare instances, an agent or attorney might decide to charge on an the basis of an hourly rate. However, this is uncommon for two reasons. First, these cases tend to be time-consuming and can drag on for months or even years. Additionally, many veterans and their families can't afford to pay for these services on an hourly basis.