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Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability compensation they deserve. He is also a lawyer for his clients at VA Board of veterans disability settlement Appeals Hearings.

According to a lawsuit filed by the Yale Law School veterans disability claim Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans by discriminating against their disability claims.

What is a VA disability?

The disability rating determines the amount of monthly payments to veterans with service-connected disabilities. This rating is determined by the severity of an injury or illness and can range from 0% and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30 percent, Veterans Disability Litigation etc.). The compensation is free of tax and provides a basic income to the disabled veteran and his family.

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

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

A majority of the conditions that can qualify a veteran for disability compensation are mentioned in the Code of Federal Regulations. Certain of these conditions, however require an expert's advice. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the evidence needed to prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans disability lawyers in appeals and claims for disability. We are committed to helping our clients obtain the disability benefits they are entitled to. We have handled thousands of disability cases and are familiar with the intricacies of VA rules and regulations. Our firm was established in 1996 by a disabled vet who after having successfully represented himself at an appeals hearing before the Board of veterans disability lawsuit Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.

How do I make a claim?

Veterans need to first collect the medical evidence supporting their disability. This includes Xrays, doctor's reports or any other documentation regarding their condition. It is vital to provide these documents to the VA. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).

The next step is to make an intent to file. This form allows the VA to review your claim before you have all the medical records you need. This form also ensures the effective date of your compensation benefits in case you win your case.

The VA will schedule your medical exam after all the details have been received. The VA will schedule the exam depending on the number of disabilities as well as the type of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.

The VA will send you a decision-making package when the examinations have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can help you in this situation. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is a huge benefit to those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a gruelling experience. Fortunately that the VA has an appeals procedure for these decisions. The first step is to send the Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your notice of disagreement, you must tell the VA the reason you don't like their decision. You don't have to give every reason, but you must list all the points you don't agree with.

You should also request your C-file or claims file so that you can determine the evidence that the VA used to arrive at their decision. There are usually documents that are not complete or have been deleted. In some cases this could lead to an error in the rating decision.

After you have submitted your NOD, the applicant will be asked to decide if you want your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success with a DRO review than with the BVA.

You can request a personal hearing with an expert in senior rating through the process of a DRO review. The DRO will conduct an investigation of your claim on the basis of a "de de novo" basis, meaning they will not give any deference to the previous decision. This usually will result in a brand new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the time consuming appeals path and typically can take between one and three years to obtain an updated decision.

What is the average amount an attorney can charge?

Lawyers can charge a fee for helping you appeal a VA decision regarding an appeal for disability. The current law does not allow lawyers to charge for assistance with a claim in the beginning. The fee is only payable if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically these fees are paid directly out of any lump-sum payments you get from the VA.

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

Most disability advocates for veterans work on a contingency basis. This means that they will only be paid if they win the appeal of the client and receive back payments from the VA. The amount of back pay that is given varies, but it can be as high as 20 percent of the claimant's total benefit award.

In rare instances lawyers or agents may choose to charge an hourly fee. This isn't often the case due to two reasons. First, these situations tend to be time-consuming and can go on for months or even years. Additionally, many veterans and their families are unable to afford to pay for these services on an hourly basis.