Veterans Disability Litigation

Ken counsels veterans of the military to assist them in getting the disability benefits they deserve. Ken also represents his clients in 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 Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.

What is an VA Disability?

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

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

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

Many of the conditions that qualify an individual for disability compensation are described in the Code of Federal Regulations. However, some of these conditions require an expert opinion. An experienced veteran attorney can help a customer obtain this opinion, and provide the evidence required to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience 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 thousands of disability cases and we are well-versed with the intricacies of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans rights a priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans need to track down the medical evidence that supports their condition. This includes X-rays and doctor's notes, as well in any other documentation related to the veteran's condition. Providing these records to the VA is very important. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).

The next step is to fill out an intent to file. This form permits the VA to begin reviewing your claim, even before you have all the information and medical records required. This form also ensures the date on which you will receive your compensation benefits in case you are successful in your case.

Once all the information is provided When all the information is submitted, the VA will arrange an examination for you. The VA will schedule the exam in accordance with the amount of disabilities you have and the type you are claiming. If you fail to attend this test, it could delay the process of your claim.

After the examinations are completed after which the VA will review the evidence and send you a confirmation packet. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.

At this stage, a lawyer is able to assist you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit to those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans can be extremely frustrating. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you should tell the VA the reason you don't like their decision. You don't have to list every reason, but you must list all the points you disagree with.

It is also essential to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. This can result in a mistake in the rating.

When you file your NOD it is up to you to decide if would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll be more likely to have success when you opt for a DRO review than with the BVA.

With a DRO review you can request an individual hearing before a senior rating specialist. The DRO will examine your claim "de novo", meaning that they will not rely on the previous decision. This typically results in a completely new Rating Decision. You may also decide to request that the BVA in Washington review your claim. This is the most lengthy appeals procedure and can take up to three years for an update on the decision.

How much can an attorney charge?

A lawyer may charge a fee for helping you appeal a VA disability decision. However, current law prohibits lawyers from charging for assistance in a claim. This is due to the fact that the fee has to be contingent on the lawyer winning your case, or getting your benefits increased through an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database that lists accredited attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and can represent service members, fort lupton veterans disability lawyer or dependents in a broad variety of cases, including disability compensation claims and pension claims.

Most veterans' disability advocates are paid on an hourly basis. They only get paid when they win their client's appeal, and they are also paid back from VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's total past due benefit.

In rare instances, an agent or attorney may decide to charge on an an hourly basis. This is not common due to two reasons. First, these issues are often time consuming and can drag on for months or even years. Additionally, many veterans and chunwun.com their families are unable to afford an hourly fee.