Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. He also represents his clients at VA Board of seward veterans disability law firm Appeals Hearings.

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

What is what is VA disability?

The disability rating determines the amount of compensation per month paid to veterans with service-connected disabilities. This rating is based on the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (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.

VA provides additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

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

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Some of these conditions, however require the opinion of an expert. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the proof needed to support the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients get the disability benefits that they deserve. We have handled thousands of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself in a Board of Veterans Appeals Hearing and making veterans' rights a priority for Vimeo his practice.

How do I make a claim?

Veterans must first locate the medical evidence that proves their disability. This includes Xrays, doctor's reports, or other documents that relate to their medical condition. It is crucial to provide these documents to the VA. 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 a filing of an intent to file. This form allows the VA review your claim even before you have the necessary information and medical records. It also keeps your date of eligibility for compensation benefits when you win your case.

The VA will schedule your medical exam when all details have been received. This will be dependent on the type and number of disabilities you are claiming. Make sure that you take this exam, as in the event you fail to take it the exam could delay your claim.

The VA will provide you with a decision package after the tests have been completed. If the VA rejects your claim, you have one year from the date of the letter to request a more thorough review.

At this point, a lawyer can help you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans can be frustrating. Fortunately, the VA has an appeals process for Vimeo these decisions. The first step is to make a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice Of Disagreement, you should explain to the VA why you are not happy with their decision. You don't have to include all of the reasons however, you must mention everything that you disagree on.

You should also request your C-file or claims file so that you can see what evidence the VA used to reach their decision. There are often insufficient or missing records. This can sometimes lead to a mistake in the rating.

When you file your NOD, it is up to you to decide if want to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a better chance of success with the DRO review DRO review than with the BVA.

You can request a private hearing with a senior rating expert via the process of a DRO review. The DRO will conduct an investigation of your claim on a "de de novo" basis, which means that they will not give deference to the previous decision. This usually results in a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most lengthy appeals process, and it could take up to three years to reach an appeal to be heard.

How much does an attorney charge?

A lawyer may charge a fee to help appeal an VA decision on the basis of disability. However, current law prohibits lawyers from charging for assistance in the case. This is due to the fact that the fee must be contingent on the lawyer winning your case or getting your benefits increased by an appeal. Typically the fees will be directly derived from any lump-sum payment you receive from the VA.

Veterans are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and are able to represent veterans, service members or their dependents in a wide variety of cases such as pension claims and disability compensation claims.

Most veterans' disability advocates are paid on an ad-hoc basis. They only receive compensation when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay that is paid can vary but it could be as high as 20 percent of a claimant's past due benefits.

In rare instances an attorney or agent may choose to charge on per hour basis. However, this is uncommon due to two reasons. These issues could take months or even years to resolve. Second, many veterans and their families cannot afford to pay an hourly fee.