Veterans Disability Litigation

Ken counsels veterans disability lawyer of the military to help them get the disability compensation they are entitled to. Ken also represents his clients at VA Board of Veterans Appeals Hearings.

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

What is an 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 determined by the severity of an injury or illness and can vary between zero and 100% in increments of 10% (e.g. 20% 30 percent, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their families.

VA offers additional compensation through other programs, for example individual unemployment, clothing allowances, hospitalization and prestabilization, car allowances, and hospitalization allowances. These are in addition to the regular 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 extra credits are known as "credit for service."

Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. However, some of these conditions require an expert opinion. An experienced lawyer can assist clients in obtaining this opinion and present the evidence required to support the claim for Veterans Disability Law Firms disability benefits.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients get the benefits they're entitled to. We have handled thousands of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after securing his own representation at a Board of Veterans Appeals Hearing and gaining the support of Veterans Disability Lawsuit, made the rights of veterans an integral part of his practice.

How do I claim a benefit?

First, veterans need to look up the medical evidence supporting their impairment. This includes X-rays or doctor's reports, as with any other documentation that is related to the condition of the veteran. Providing these records to the VA is very important. If a veteran does not have these documents then the VA should be notified by the claimant (or their VSO).

The next step is the filing of an intent to file. This form permits the VA to review your claim, even before you have all the information and medical records you require. The form also keeps the date you can start receiving your compensation benefits in the event you are successful in your case.

When all the data is in after all the information has been received, the VA will schedule an appointment for you. It will depend on the amount and type of disability you claim. Make sure you attend this test, because in the event you fail to take it, it could delay your claim.

Once the examinations are complete After the examinations are completed, after the examinations are completed, VA will examine the evidence and then send you a confirmation packet. If the VA decides to deny the claim, you will have one year to request a more thorough review.

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

How do I appeal a denial?

A denial of disability benefits can be a very frustrating experience. Thankfully that the VA has an appeals process for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA why you disagreed with their decision. You don't have to include every reason however, you must mention everything you disagree with.

It is also essential to request your C-file (claims file) to see the evidence the VA used in making their decision. There are usually incomplete or missing data. This can result in a mistake in the rating.

If you file your NOD, the applicant will be asked if you want your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success if the DRO examines your case than if it's reviewed by the BVA.

If you are subject to an DRO review you can request a personal hearing before 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 may also decide to request that the BVA in Washington review your claim. This is the longest lengthy appeals procedure and typically takes between one and three years for an updated decision.

How much can an attorney charge?

Lawyers may charge a fee to help you appeal an VA disability decision. The law in place today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only due if the lawyer is successful in your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans may identify accredited representatives by using the VA's searchable database that lists accredited attorneys or claims agents. These individuals have been approved 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.

The majority of veterans' disability advocates operate on a contingent basis. They only receive compensation when they prevail in their client's appeal and they receive back pay from VA. The amount of backpay that is paid can vary but it could be as high as 20 percent of a claimant's past-due benefits.

In rare cases, an agent or lawyer might choose to charge an hourly rate. This is uncommon due to two reasons. These issues can take a long time to be resolved. The second reason is that most veterans and their families are unable to afford to pay for these services on an hourly basis.