Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

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

What is what is VA disability?

The amount of monthly monetary compensation paid to veterans with service-related disabilities is determined on their disability rating. The rating is based on the severity of the injury or illness and can range from 0% and 100% in increments of 10 percent (e.g. 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.

VA offers additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization car allowances, and hospitalization allowances. 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 earnings over the course of their lives for retirement or disability benefits. These additional credits are known as "credit for service."

Many of the conditions that make disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. Certain of these conditions, however require the opinion of an expert. An experienced lawyer can assist clients in obtaining this opinion and provide the evidence needed to prove a claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was established by a disabled veteran who made fighting for veterans rights a major part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I file a claim?

The first step is to track down the medical evidence for their disability. This includes X-rays and doctor's reports, as any other documentation pertaining to the veteran's condition. Giving these records to VA is very important. If a veteran does not have these documents and the VA should be notified by the claimant (or their VSO).

The next step is a filing of an intent to file. This form allows the VA review your claim even before you have the proper information and medical records. This form also protects the date you can start receiving your compensation benefits in case you win your case.

The VA will schedule your appointment once all of the details have been received. It will depend on the number and type of disabilities you are claiming. Make sure that you take this test, because If you don't the exam could delay your claim.

After the examinations are completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and send you a decision packet. If the VA refuses to accept the claim you'll have one year to request a higher-level review.

At this stage, a lawyer is able to help you. VA-accredited lawyers are now involved in the appeals from the beginning, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a very frustrating experience. Fortunately that the VA has an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice Of Disagreement you should state to the VA the reasons why you did not agree with their decision. It is not necessary to list all the reasons but you should list all the points you disagree with.

It is also essential to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. There are usually incomplete or missing data. This can sometimes lead to a mistake in the rating.

When you file your NOD, the applicant will be asked to decide if you would like your case reviewed either by a Board of veterans disability lawyers Appeals or a Decision Review officer. In general, you'll have a better chance of success if the DRO reviews your case than when it's reviewed by the BVA.

You can request a personal hearing with a senior rating expert through an DRO review. The DRO will conduct an examination 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 totally 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 before you receive a new decision.

What is the cost an attorney could charge?

A lawyer may charge a fee for helping you appeal a VA decision regarding the basis of disability. However, the law currently prohibits lawyers from charging fees for assistance when submitting a claim. The fee is only due if the lawyer is successful in your case or increases your benefits via an appeal. Typically the fees will be directly derived from any lump-sum payment you receive from the VA.

Veterans can use the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or their dependents in a wide variety of cases, including pension claims and disability compensation claims.

Most disability advocates for veterans are paid on the basis of a contingent. This means that they only get paid if they prevail in the appeal of the client and get back payment from the VA. The amount of back pay granted varies, but could be as high as 20 percent of the claimant's past-due benefit amount.

In rare instances an attorney or agent might decide to charge on an an hourly basis. However, this is uncommon for two reasons. These matters could take months or even years to resolve. Second, most veterans and their families are unable to afford to pay on an hourly basis.