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Veterans Disability Litigation

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

The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims in a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The amount of monetary compensation per month given to veterans disability lawyers with service connected disabilities is based on their disability rating. This rating is determined by the severity of the injury or illness and can vary between zero and 100% in increments of 10% (e.g. 20 percent 30, 30%, etc.). The compensation is tax-free and Veterans Disability Litigation serves as a basic income for the disabled veteran and their families.

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

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

Many of the conditions that qualify an individual for disability compensation are mentioned in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. An experienced veteran attorney can help a customer obtain an opinion, and also provide the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to ensuring that our clients obtain the disability benefits that they are entitled to. We have handled thousands of disability cases and are knowledgeable in the complexity of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans disability compensation rights a top priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

First, veterans need to find the medical evidence for their disability. This includes any X-rays, doctor's reports or any other documentation regarding their medical condition. Providing these records to the VA is vital. If a veteran doesn't have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intent to file. This form lets the VA to review your claim before you have the needed information and medical records. It also keeps your effective date for receiving compensation should you prevail in your case.

The VA will schedule your appointment after all the details have been received. It will depend on the amount and type of disability you claim. Make sure you take this test, because should you miss it, it could delay your claim.

Once the tests are complete After the examinations are completed, after the examinations are completed, VA will examine the evidence and send you a decision package. If the VA denies your claim you have a year from the date of the letter to request a more thorough review.

A lawyer can help in this situation. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is an enormous benefit for Veterans Disability Litigation those who seek disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a very frustrating experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office that sent you the Rating decision. In your notice of disagreement, you must inform the VA the reasons you don't agree with their decision. You don't need to list every reason, but you must mention all the aspects you disagree with.

You should also request your C-file or claims file so that you can see the evidence that the VA used to arrive at their decision. There are often incomplete or missing data. In some cases, this can lead to an error in the rating decision.

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

If you are subject to a DRO review you have the option of asking for a personal hearing before a senior rating specialist. The DRO will conduct the review of your claim on a "de novo" basis, meaning they don't give deference the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the most lengthy appeals process, and it could take approximately three years to get a new decision.

How much can a lawyer charge?

A lawyer may charge a fee to assist appeal a VA decision regarding a disability claim. However, the law currently prohibits lawyers from charging for initial assistance when submitting a claim. This is because the fee is dependent on the lawyer winning your case or having your benefits increased through an appeal. Typically these fees are paid out of any lump-sum payment you receive from the VA.

Veterans may identify accredited representatives by using the VA's searchable database of licensed attorneys or claims agents. These individuals have been approved by the Department of veterans disability settlement Affairs to represent service members, veterans and their dependents as well as survivors in a variety of issues including disability compensation and pension claims.

The majority of veterans' disability advocates 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 backpay that is awarded can vary but can be as high as 20 percent of a claimant's past due benefits.

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