Veterans Disability Litigation

Ken advises veterans of the military to assist them in obtaining the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with service-related disabilities. This rating is based on the severity of the injury or illness and can range from 0% up to 100% in 10% increments (e.g., 20%, 30% etc). The compensation is tax-free and serves as a basic income to the disabled veteran and their family.

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

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

Many of the conditions that can qualify disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. However, certain circumstances require an expert's opinion. An experienced lawyer can assist clients in obtaining this opinion and provide the proof needed to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing haines city veterans disability lawsuit with disabilities claims and appeals. We are dedicated to assisting our clients get 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 established by a disabled veteran who made fighting for tigard veterans disability Lawsuit rights a key part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans must first gather the medical evidence to prove their impairment. This includes X-rays or doctor's reports, as in any other documentation related to the veteran's condition. It is crucial to provide these documents to the VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This form allows the VA to begin reviewing your claim before you have all the medical records you require. It also keeps your date of eligibility for compensation benefits in the event that you win your case.

Once all the information is submitted, the VA will schedule an examination for you. This will depend on the number and type of disabilities you are claiming. Make sure you attend this exam, as if you miss it, it could delay your claim.

The VA will send you a decision package once the examinations have been completed. If the VA decides to deny the claim, you will have one year to request a higher level review.

At this moment, a lawyer will assist you. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is hugely beneficial to those who seek disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a difficult experience. Thankfully that the VA has an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to 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. It is not necessary to list every reason, but you must be clear about the issues you disagree with.

You should also request your C file or claims file so that you can see the evidence that the VA used to arrive at their decision. In many cases there are missing or incomplete records. This can result in a mistake in the rating.

When you submit your NOD you must choose whether you prefer to have your situation 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.

When you request a DRO review, you have the option of asking for a personal hearing before a senior rating specialist. The DRO will examine your claim "de de novo", meaning that they will not be influenced by the previous decision. This usually results in an entirely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the most lengthy appeals process, and it could take up to three years for an update on the decision.

What is the cost an attorney could charge?

A lawyer may charge a fee for assisting you appeal a VA disability decision. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only due in the event that the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be paid directly from the lump-sum payments that you receive from the VA.

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

Most disability advocates for veterans are paid on an ad-hoc basis. This means that they are only paid if they succeed in winning the client's appeal and are awarded back payments from the VA. The amount of back pay that is awarded varies, but can be as high as 20 percent of the claimant's past-due benefits.

In rare cases an attorney or agent could decide to charge an hourly rate. This is uncommon due to two reasons. These matters can take months or years to be resolved. Additionally, many veterans and their families don't afford to pay an hourly rate.