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Veterans Disability Litigation

Ken counsels veterans of the military to help them obtain the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims in a 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 with service-connected disabilities. This rating is determined by the severity of an injury or illness and may range between 0% and 100% in increments of 10 percent (e.g. 20% 30, 30%, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their families.

The VA also offers other programs that offer additional compensation like individual unemployment, auto 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 lifetime earnings to qualify for retirement or disability benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. However, a few of these circumstances require an expert's opinion. A seasoned veteran attorney can assist a client obtain this opinion and Veterans Disability Litigation provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans disability case with disabilities claims and appeals. We are dedicated to helping our clients receive the disability benefits that they are entitled to. We have handled hundreds of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who after having successfully represented himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.

How do I file a claim?

veterans disability lawsuit must first gather the medical evidence supporting their disability. This includes Xrays, doctor's reports, or other documents that relate to their medical condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents then the VA should be notified by the applicant (or their VSO).

The next step is to submit an intent to file. This form allows the VA to review your claim before you have all the information and medical records you require. It also ensures that you have an effective date for receiving compensation in the event that you win your case.

The VA will schedule your appointment after all the information has been received. This will depend on the type and number of disabilities you are claiming. Attend this exam as missing it could delay the processing of 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 one year from the date of the letter to request a more thorough review.

A lawyer can assist you in this situation. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a an enormous benefit for those who seek disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans is a frustrating experience. Thankfully the VA has an appeals process for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement, you must tell the VA why you disagree with their decision. It is not necessary to list all of the reasons but you should include all the points you disagree with.

It is also essential to request your C-file (claims file) to see the evidence that the VA used to make their decision. There are often documents that are not complete or have been deleted. In certain cases this could result in an error in the rating decision.

When you submit your NOD, you will be asked to choose whether you want your case to be reviewed by the Board of veterans disability law Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO reviews your case than when it's reviewed by the BVA.

You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will review your claim "de de novo" which means they will not rely on the previous decision. This usually results in an entirely new Rating Decision. You may also opt to have the BVA in Washington review your claim. This is the most lengthy appeals process and can take up to three years to reach an update on the decision.

What is the average amount an attorney can charge?

Lawyers may charge a fee to assist you appeal a VA disability decision. However, the law currently prohibits lawyers from charging fees for assistance with a claim. This is because the fee is contingent upon the lawyer winning your case or getting your benefits increased through an appeal. Typically the fees are paid directly from any lump-sum payments you get from the VA.

veterans disability lawsuit 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 and their dependents or survivors in a variety of issues including disability compensation and pension claims.

Most disability advocates for veterans are paid on a contingency basis. They only get paid when they succeed in winning their client's appeal and they receive back pay from VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total benefits.

In rare cases an attorney or agent might choose to charge an hourly fee. This isn't often the case due to two reasons. These issues can take months or even years to resolve. Additionally, many veterans and their families are unable to afford to pay for these services on an hourly basis.