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Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they are entitled to. Ken assists his clients at VA Board of Veterans Appeals Hearings.

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

What is a VA Disability?

The amount of monthly monetary compensation that veterans receive for service connected disabilities is based on their disability rating. The rating is based on the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10% (e.g., 20 percent, 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, such as individual unemployment allowances for clothing prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

In addition to these benefit programs, Veterans Disability Litigation In addition to these benefit programs, the Social Security Administration gives military veterans special credits to boost their disability or retirement benefits. These additional credits are known as "credit for service."

Code of Federal Regulations lists numerous conditions that qualify a veteran to receive disability compensation. However, some of these conditions require an expert opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the proof needed to prove a claim for disability compensation.

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

How do I submit a claim?

veterans disability legal must first gather the medical evidence supporting their disability. This includes X-rays or doctor's reports, as well in any other documentation related to the condition of the veteran. Providing these records to the VA is vital. If a veteran doesn't have these documents, the VA must be informed by the claimant (or their VSO).

The next step is the filing of an intent to file. This form allows the VA examine your claim even before you have all the required information and medical records. This form also protects the date of effective compensation benefits in case you succeed in your claim.

When all the data is in when all the information is in, the VA will schedule an exam for you. The VA will schedule an examination in accordance with the number of disabilities and the type you claim. Make sure that you take this exam, as in the event you fail to take it the exam could delay your claim.

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

At this stage, a lawyer is able to help you. VA-accredited lawyers are now involved in the appeals from the beginning, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans disability attorney can be a source of frustration. Fortunately, the VA has an appeals procedure for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you must explain to the VA the reasons why you did not 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 reach their decision. There are usually documents that are not complete or have been deleted. This could lead to a mistake in the rating.

After you have submitted your NOD, it will be asked to decide if you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will conduct an examination of your claim on an "de novo" basis, which means they will not give deference to the previous decision. This typically results in a totally new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest appeals procedure and can take up to three years for an appeal to be heard.

What is the cost an attorney could charge?

A lawyer may charge a fee for helping appeal an VA decision regarding a disability claim. But, current law prohibits lawyers from charging for assistance in a claim. This is because the fee is contingent upon the lawyer winning your case, or receiving your benefits increased as a result of an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans can look through the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans disability legal, service members or their dependents in a range of issues such as disability compensation and pension claims.

The majority of veterans' disability advocates operate on a contingent basis. They only get paid when they win their client's appeal, and they are also paid back from VA. The amount of backpay given can be different but can be as high as 20 percent of the claimant's past due benefits.

In rare instances an attorney or agent may decide to charge an per hour basis. This is not common due to two reasons. First, these matters can 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.