Veterans Disability Litigation

Ken advises veterans of the military to assist them in getting the disability compensation they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by generally denying their disability claims in 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 who have service-connected disabilities. This rating is based upon the severity of the illness or injury and can range from 0% up to 100% in 10% increments (e.g. 20%, 20%, 30% etc). The compensation is tax-free, and provides a minimum income to the disabled veteran and their families.

The VA also has other programs that provide additional compensation such as individual unemployment, car allowance, Firm clothing allowance, firm and hospitalization and prestabilization benefits. These are in addition to the 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 increase their lifetime earnings for retirement or disability benefits. These extra credits are known as "credit for service."

A majority of the conditions that qualify veterans for disability compensation are listed in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. An experienced veteran lawyer can assist a client to obtain this opinion and provide the proof needed to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a priority in his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first find the medical evidence supporting their impairment. This includes X-rays and doctor's notes, as well as any other documentation related to the condition of the veteran. Providing these records to the VA is very important. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).

The next step is to fill out an intent to file. This is a form that allows the VA to begin reviewing your claim, even before you have all the medical records that you require. This form also preserves the date of effective compensation benefits if you win your case.

The VA will schedule your exam once all of the information has been received. This will be dependent on the quantity and type of disability you claim. Make sure you attend this exam, as If you don't the exam could delay your claim.

After the examinations are completed after which the VA will examine the evidence and give you a confirmation packet. If the VA denies the claim, you have a year to request a more thorough review.

A lawyer can be of assistance at this point. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a hugely beneficial to those who seek disability benefits.

How do I appeal a denial?

Denial of veterans' disability benefits can be a source of frustration. The VA has an appeals process 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 inform the VA why you are not happy with their decision. You don't have to list every reason, but you should list all the points you disagree with.

You must also request your C-file or claims file so that you can determine the evidence that the VA used to arrive at their decision. Most of the time there are missing or insufficient records. In some instances this could result in an error in the rating decision.

When you file your NOD, you will be asked to select whether you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. 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 through an DRO review. The DRO will review your claim "de novo" which means they will not defer to the previous decision. This usually results in an entirely new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the longest appeals process and can take approximately three years to get a new decision.

What is the average cost a lawyer can charge?

Lawyers can charge a fee if appeal the VA decision on a disability claim. The current law does not allow lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee is contingent on the lawyer winning your case or getting your benefits increased through an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

monroe veterans disability attorney can look through the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a vast range of matters that include disability compensation claims and pension claims.

The majority of pueblo veterans disability lawsuit' disability advocates operate on a contingent basis. This means that they are only paid if they succeed in winning the client's appeal and receive back pay from the VA. The amount of backpay given can be different but can be as high as 20 percent of the claimant's past due benefits.

In rare instances an attorney or agent might decide to charge on an the basis of an hourly rate. This is not common due to two reasons. First, these issues are usually time-consuming and can go on for months or even years. Additionally, many veterans and their families are unable to afford to pay on an hourly basis.