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Veterans Disability Litigation

Ken assists veterans disability attorney to obtain the disability benefits 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 decades, generally denying their disability claims according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with disabilities that are related to service. The rating is based on the severity of an illness or injury and can vary between zero and 100% in increments of 10 percent (e.g. 20 percent 30%, 20 percent, etc.). The compensation is tax-free and Veterans Disability Litigation provides basic income for the disabled veteran and their families.

VA offers additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization, allowances for Veterans Disability Litigation automobiles, and hospitalization allowances. These are in addition to basic disability compensation.

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

Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. However, some of these circumstances require an expert's opinion. An experienced lawyer can assist a client in obtaining this opinion and present the evidence required to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled a variety of disability cases and are familiar with the complexities of VA rules and regulations. Our firm was started by a disabled vet who made fighting for veterans rights a major part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I claim a benefit?

Veterans must first locate the medical evidence supporting their disability. This includes Xrays, doctor's reports or any other documentation regarding their medical condition. It is crucial to provide these records to VA. If a veteran does not have these documents and the VA must be informed by the claimant (or their VSO).

The next step is to fill out an intent to file. This form permits the VA to review your claim before you have all the medical records you need. It also ensures that you have an effective date for compensation benefits in the event that you win your case.

The VA will schedule your appointment once all of the information is received. This will be dependent on the amount and type of disabilities you are claiming. Don't miss this exam because it could delay the processing of your claim.

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

A lawyer can help you at this point. Lawyers who are accredited by VA can now be involved in the appeals from the beginning which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans disability attorneys can be a source of frustration. Fortunately the VA has an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice Of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason, but you should list all the points you don't agree with.

You must also request a C-file or claims file to see the evidence that the VA used to arrive at their decision. There are usually incomplete or missing data. This can result in an error in the rating.

When you submit your NOD, you'll be asked if you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general, you will have a better chance of success when you opt for a DRO review than with the BVA.

When you request a DRO review you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will examine your claim "de novo" which means they will not defer to the previous decision. This typically results in an entirely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest taking appeals route and typically takes one to three years to receive a new decision.

How much can an attorney charge?

A lawyer may charge a fee to assist appeal an VA decision regarding the basis of disability. However, current law prohibits lawyers from charging for assistance in a claim. This is due to the fact that the fee has to be dependent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. Typically these fees are paid directly from any lump-sum payments you receive from the VA.

Veterans can use the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been certified by the Department of veterans disability compensation Affairs to represent veterans disability legal, service members or their dependents in a variety of matters such as disability compensation and pension claims.

Most veterans' disability advocates work on a contingency. They only receive compensation when they are successful in defending their client's case, and they are also paid back from VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total benefit amount.

In rare instances lawyers or agents may choose to charge an hourly rate. However, this is uncommon due to two reasons. These matters can take a long time to be resolved. Second, most veterans and their families cannot afford to pay for these services on an hourly basis.