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veterans disability (Gpnmall.gp114.net) Litigation

Ken helps veterans obtain the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, rejecting their disability claims in adisproportionate way according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can vary from 0% to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides a basic income to the disabled veteran and their family.

VA provides additional compensation through other programs, like individual unemployment allowances for clothing prestabilization and hospitalization, car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credit that they can use to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. Certain of these conditions however, require an expert's opinion. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the evidence required to support a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the complexities of VA regulations and laws. Our firm was founded in 1996 by a disabled vet who, after successfully representing himself at a Board of Veterans Appeals Hearing and gaining the support of veterans disability lawsuit, made the rights of veterans an important aspect of his work.

How do I make a claim?

Veterans must first gather the medical evidence that proves their disability. This includes X-rays and doctor's reports, as well with any other documentation that is related to the condition of the veteran. It is important to provide these documents to the VA. If a veteran doesn't have these documents, they should 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 examine your claim even before you have the necessary information and medical records. The form also keeps the effective date of your compensation benefits if you are successful in your case.

The VA will schedule your medical exam after all the information is received. This will depend on the number and type of disability you claim. Make sure that you take this test, because in the event you fail to take it and fail to take it, it could hinder your claim.

The VA will provide you with a decision package once the examinations have been completed. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.

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

How do I appeal a denial?

The denial of veterans' disability benefits is a frustrating experience. Fortunately, the VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to include all of the reasons however, you must mention everything that you disagree on.

It's also crucial to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. In many cases, there are missing or incomplete records. This can lead to a mistake in the rating.

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

In the event of an DRO review, you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will examine your claim "de de novo", meaning that they will not accept the previous decision. This usually results in a completely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest appeals procedure and can take up to three years before you receive an update on the decision.

How much does an attorney charge?

A lawyer could charge a fee to help you appeal a VA disability decision. The law currently does not allow lawyers to charge fees for initial assistance in a claim. This is because the fee is dependent on the lawyer prevailing in your case, or getting your benefits increased by an appeal. Typically the fees will be paid out of any lump-sum payments you receive from the VA.

Veterans may be able to find accredited representatives via the VA's searchable database for accredited attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or their dependents in a wide variety of cases such as pension and disability compensation claims.

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

In rare cases attorneys or agents may choose to charge on the basis of an hourly rate. But, this isn't common due to two reasons. These issues can take months or even years to resolve. In addition, the majority of veterans and their families are unable to afford to pay on an hourly basis.