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Veterans Disability Litigation

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

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

What is an VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have service-connected disabilities. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is tax-free and provides a basic income for disabled veterans and their families.

VA provides additional compensation through other programs, for example individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These are in addition to basic disability compensation.

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

Many of the conditions that allow an individual for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and present the evidence required to prove an application for disability compensation.

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

How do I submit a claim?

The first step is to locate the medical evidence for their disability. This includes Xrays or doctor's reports as well in any other documentation related to the veteran's condition. The submission of these records to the VA is very important. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intention to file. This is a form that permits the VA to review your claim even before you have all the medical records you need. It also protects your effective date for Veterans Disability Litigation receiving compensation when you win your case.

Once all the information is provided When all the information is submitted, the VA will schedule an examination for you. The VA will schedule an examination based on the number of disabilities and the type of disability you're claiming. Make sure you attend this test, because If you don't the exam could delay your claim.

After the examinations are completed Once the examinations are complete, after the examinations are completed, VA will examine the evidence and send you a confirmation packet. If the VA rejects the claim, you'll have one year to request a more extensive review.

At this moment, Veterans Disability Litigation a lawyer could help you. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is an enormous benefit to those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a very frustrating experience. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disparage, you have to tell the VA the reasons you don't agree with their decision. You don't have to include all of the reasons but you should include everything that you disagree on.

You should also request your C file, or claims file, so that you can determine what evidence the VA used to make their decision. There are often insufficient or missing records. This can 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. Generally speaking, you'll have a greater 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 examine your claim "de de novo" which means they will not be influenced by the previous decision. This usually results in the issue of a new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the longest consuming appeals path and typically takes between one and three years to get a new decision.

How much can an attorney charge?

A lawyer can charge a fee to assist you appeal a VA decision on the basis of disability. The law currently does not permit lawyers to charge fees for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. Typically the fees will be directly derived from any lump-sum payments you receive from the VA.

Veterans are able to search the database of attorneys who are accredited or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members or their dependents on a range of issues including pension and disability compensation claims.

Most veterans' disability advocates are paid on a contingency basis. They only get paid when they win their client's appeal, and they receive back pay from VA. The amount of back pay granted varies, but could be as high as 20 percent of the claimant's total past-due benefits.

In rare instances an attorney or agent may decide to charge an an hourly basis. However, this is uncommon for two reasons. These matters can take months or even years to be resolved. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.