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Veterans Disability Litigation

Ken assists veterans in navigating the system to help them obtain the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of veterans disability legal Affairs discriminated against Black veterans disability law for a long time by rejecting their disability claims in adisproportionate way according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The amount of monetary compensation per month provided to veterans suffering from disabilities resulting from service is based on their disability rating. The rating is based on the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their families.

The VA also offers other programs that offer additional compensation, such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credits they can utilize to increase their earnings over time to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."

Many of the conditions that qualify an individual for disability compensation are included in the Code of Federal Regulations. Certain of these conditions however, require an expert's opinion. A seasoned lawyer with experience can assist a client in obtaining this opinion and present the evidence required to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients receive the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after securing his own representation in a Board of veterans disability lawyer Appeals Hearing and making veterans' rights a priority for his practice.

How do I make a claim?

First, Veterans Disability Litigation veterans need to find the medical evidence supporting their disability. This includes any X-rays, doctor's reports, or other documents that relate to their condition. It is vital to provide these records to VA. If a veteran doesn't have these documents then the VA must be informed by the applicant (or their VSO).

The next step is to file an intent to file. This form lets the VA examine your claim even before you have all the required information and medical records. This form also ensures the date you can start receiving your compensation benefits in case you win your case.

The VA will schedule your appointment when all details have been received. This will be dependent on the amount and type of disabilities you are claiming. Make sure that you take this test, because in the event you fail to take it and fail to take it, it could hinder 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 a year from the date of the letter to request a more thorough review.

A lawyer can help you at this point. VA-accredited lawyers can now be involved in appeals from the start, which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a frustrating experience. Fortunately, the VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. You don't need to list every reason, but you must state all the issues that you disagree with.

You must also request a C-file or claims file so that you can see the evidence that the VA used to reach their decision. There are usually insufficient or missing records. This can lead to an error Veterans Disability Litigation in the rating.

When you submit your NOD you must decide whether you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

In the event of a DRO review, you have the option of asking for a personal hearing before a senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, which means that they do not give deference to the previous decision. This usually results in a totally new Rating Decision. You can also have the BVA in Washington examine your claim. This is the most time taking appeals route and typically takes one to three years to get an updated decision.

How much does a lawyer charge?

A lawyer can charge a fee for helping appeal the VA decision on a disability claim. However, the law currently prohibits lawyers from charging fees for assistance in a claim. The fee is only payable if the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans can use the VA's database of accredited attorneys or claim agents to locate accredited representatives. These individuals are accredited by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide range of matters, including pension claims, disability compensation and claims.

Most disability advocates for veterans are paid on a contingency basis. They only get paid when they prevail in their client's appeal and also receive back pay from VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's past-due benefit award.

In rare instances an attorney or agent may decide to charge on an the basis of an hourly rate. However, this is uncommon for two reasons. These issues can take months or even years to be resolved. Additionally, many veterans and their families cannot afford to pay for these services on an hourly basis.