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Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they deserve. He also represents his clients at VA Board of Veterans Appeals Hearings.

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

What is a VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans with service-connected disabilities. This rating is determined by the severity of the injury or [empty] illness, and can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.

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

In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for retirement or disability benefits. These additional credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, certain circumstances require an expert's opinion. An experienced lawyer can assist a customer in obtaining this opinion, and provide the evidence needed to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients to receive the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was started by a disabled vet who made fighting for slidell veterans disability lawsuit' rights a top priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I claim a benefit?

First, veterans need to find the medical evidence that supports their disability. This includes Xrays, doctor's reports or other documentation related to their medical condition. Providing these records to the VA is very important. 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 intention to file. This form allows the VA to begin reviewing your claim, even before you have all the medical records you require. It also keeps your date of eligibility for compensation benefits should you prevail in your case.

The VA will schedule your exam when all information has been received. This will be dependent on the type and number of disabilities you are claiming. Don't miss this exam because it could delay the process of your claim.

After the examinations have been completed Once the examinations are complete, after the examinations are completed, VA will examine the evidence and give you a decision-making packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.

A lawyer can be of assistance at this point. VA-accredited lawyers are now involved in the appeals from the beginning which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your notice of disagreement, you must inform the VA why you disagree with their decision. You don't have to list all of the reasons, but you should mention everything you disagree with.

It's also crucial to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. There are usually documents that are not complete or have been deleted. This can result in an error in the rating.

If you submit your NOD you will need to decide if you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will be more likely to have success when you opt for the DRO review DRO review than with the BVA.

You can request a private hearing with a senior rating expert via an DRO review. The DRO will examine your claim "de novo" which means that they will not rely on the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the longest demanding appeals process and usually takes anywhere from one to three years to get a new decision.

How much does a lawyer charge?

A lawyer may charge a fee for helping you appeal a VA decision regarding a disability claim. The law in place today does not allow lawyers to charge fees for initial assistance in a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits via an appeal. Typically, these fees will be directly derived from any lump-sum payments you receive from the VA.

Veterans may be able to find accredited representatives via the VA's searchable database that lists accredited attorneys or claims representatives. They have been vetted by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of issues including pension and disability compensation claims.

The majority of veterans' disability advocates work on a contingency. This means that they are only paid if they prevail in the appeal of the client and receive back payments from the VA. The amount of backpay paid can vary, greer veterans Disability attorney but it can be as high as 20 percent of a claimant's past due benefits.

In rare instances an attorney or agent may decide to charge an per hour basis. But, this isn't common due to two reasons. First, these matters tend to be time-consuming and can last for months or even years. In addition, many veterans and their families cannot afford to pay an hourly rate.