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Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability compensation they are entitled to. 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, according to a lawsuit filed this week by Yale Law School's veterans disability lawyer Legal Services Clinic.

What is what is VA disability?

The disability rating determines the amount of monthly payments to veterans disability lawyers with disabilities that are related to service. This rating is based upon the severity of the injury or illness and can be as low as 0% and up to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The compensation is exempt from tax and provides a basic income to the disabled veteran and his family.

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

The Social Security Administration also gives veterans disability settlement special credits they can use to increase their lifetime earnings and be eligible for disability or retirement benefits. These additional credits are referred to as "credit for service."

Many of the conditions that allow veterans for disability compensation are described in the Code of Federal Regulations. Certain of these conditions however, require an expert's opinion. An experienced lawyer can help a customer obtain this opinion, and supply the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients get the disability benefits that they are entitled to. We have handled thousands of disability cases and are conversant with the intricacies of VA laws and procedures. Our firm was created by a disabled veteran who made fighting for veterans rights a key part of his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first locate the medical evidence supporting their disability. This includes X-rays or doctor's reports, as any other documentation pertaining to the condition of the veteran. The submission of these records to the VA is essential. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to fill out an intent to file. This is a form that permits the VA to begin reviewing your claim before you have all the information and medical records you need. It also preserves your date of effective for benefits when you win your case.

The VA will schedule your medical exam when all information is received. The VA will schedule an exam depending on the amount of disabilities you have and the type of disability you're claiming. If you fail to attend this test, it could delay the process of submitting your claim.

The VA will send you a decision package when the examinations have been completed. If the VA denies your claim you have one year from the date of the letter to request a higher-level review.

A lawyer can assist you in this situation. Lawyers who are accredited by VA can now be involved in the appeals right from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be extremely frustrating. Fortunately, the VA has an appeals process for these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement, you must inform the VA the reason you don't like their decision. You don't have to include all the reasons, but you should mention all the points you disagree with.

You must also request a C-file, or claims file, so that you can determine the evidence that the VA used to make their decision. In many cases, there are missing or incomplete records. In some instances it could lead to an error in the rating decision.

When you file your NOD, you must choose whether you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a higher chance of success with a DRO review than with the BVA.

You can request a personal hearing with a senior rating expert via a DRO review. The DRO will review your claim "de novo", meaning that they will not defer to the previous decision. This usually results in the issue of a new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the most time demanding appeals process and usually takes anywhere from one to three years for an updated decision.

What is the average amount an attorney can charge?

Lawyers can charge a fee for helping you appeal an VA decision on a disability claim. The current law does not permit lawyers to charge for initial assistance in a claim. This is due to the fact that the fee is contingent upon the lawyer winning your case or getting your benefits increased by an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

veterans disability litigation may be able find accredited representatives through the VA's searchable database of licensed attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans or their dependents in a range of issues including disability compensation and pension claims.

Most disability advocates for veterans are paid on an hourly basis. This means that they only get paid if they are successful in winning the appeal of the client and get back pay from the VA. The amount of back pay that is granted varies, but could be as high as 20 percent of the claimant's past-due benefit.

In rare instances lawyers or agents could decide to charge an hourly fee. This is not common for two reasons. These matters could take months or even years to be resolved. Second, most veterans and their families are unable to afford to pay on an hourly basis.