Veterans Disability Litigation

Ken counsels veterans of the military to help them obtain the disability compensation they deserve. He also represents his 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 a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

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

The VA also offers other programs that offer additional compensation like the individual unemployed, the automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

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

Many of the conditions that qualify veterans for disability compensation are described in the Code of Federal Regulations. However, certain conditions require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the proof needed to prove the claim for disability benefits.

Sullivan & Kehoe has extensive experience representing fountain veterans Disability law Firm in disability claims and appeals. We are dedicated to ensuring that our clients receive the disability benefits that they are entitled to. We have handled thousands disability cases and are conversant with the intricacies of VA rules and regulations. Our firm was created by a disabled veteran who made fighting for bloomington veterans disability lawyer' rights a major part of his practice after he successfully represented himself in a Board of hillsdale veterans disability lawsuit Appeals hearing.

How do I make a claim?

Veterans need to first collect the medical evidence of their impairment. This could include X-rays, doctor's reports as well as any other documentation related to the condition of the veteran. The submission of these records to the VA is crucial. 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 a filing of an intention to file. This form allows the VA review your claim even before you have the necessary information and medical records. This form also protects the date you can start receiving your compensation benefits in the event that you are successful in your case.

When all the information is provided When all the information is submitted, the VA will arrange an examination for you. This will depend on the quantity and type of disabilities you are claiming. In the event that you do not attend this exam, it could delay the process of your claim.

The VA will send you a decision package after the tests have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.

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

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be extremely frustrating. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice Of Disagreement you should state to the VA why you are not happy with their decision. You don't need to list every reason but you should include everything that you disagree on.

It's also crucial to request your C-file (claims file) so you can see the evidence the VA used in making their decision. There are often insufficient or missing records. In certain cases it could lead to an error in the rating decision.

When you submit your NOD it is up to you to decide if want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success if the DRO reviews your case than if it's viewed by the BVA.

In the event of an DRO review you can request an individual hearing before an experienced senior rating specialist. The DRO will review your claim "de de novo" which means they will not defer to the previous decision. This usually results in an entirely new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the most lengthy appeals process and it can take up to three years before you receive a new decision.

What is the average amount an attorney can charge?

Lawyers can charge a fee to assist you appeal an VA decision on the basis of disability. However, current law prevents lawyers from charging for initial assistance when submitting a claim. This is due to the fact that the fee has to be dependent on the lawyer prevailing in your case or receiving your benefits increased as a result of an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans may be able to identify accredited representatives by using the VA's searchable database of accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast spectrum of cases including disability compensation claims and pension claims.

Most disability advocates for veterans are paid on an ad-hoc basis. This means that they are only paid if they are successful in winning the client's appeal and receive back pay from the VA. The amount of backpay that is given can be different but it could be as high as 20 percent of a claimant's past due benefits.

In rare cases an attorney or agent may choose to charge on an hourly basis. This is uncommon due to two reasons. First, these matters tend to be time-consuming and can go on for months or even years. In addition, many veterans and their families cannot afford an hourly fee.