Veterans Disability Litigation

Ken counsels military veterans to assist them in getting the disability benefits they deserve. He assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by 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 a VA disability?

The disability rating determines the amount of monthly payments to veterans with service-connected disabilities. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for disabled veterans and their families.

VA provides additional compensation through other programs, including individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, and hospitalization allowances. These are in addition to the regular disability compensation.

In addition to these benefit programs the Social Security Administration gives military veterans extra credits to increase their earnings over the course of their lives for retirement or disability benefits. These extra credits are referred to as "credit for service."

Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. However, certain circumstances require an expert's opinion. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the proof needed to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing waite park veterans disability lawyer in disability claims and appeals. We are committed to helping our clients receive the benefits they're entitled to. We have handled thousands of disability cases and are conversant with the intricacies of VA regulations and laws. Our firm was created by a disabled veteran who made fighting for veterans' rights a major part of his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I claim a benefit?

First, veterans need to find the medical evidence to prove their condition. This includes Xrays, doctor's notes or other evidence related to their medical condition. It is important to provide these documents to the VA. If a veteran does not have these documents then the VA must be informed by the applicant (or their VSO).

The next step is the filing of an intent to file. This form lets the VA examine your claim even before you have the needed information and medical records. It also ensures that you have an effective date for receiving compensation if you win your case.

The VA will schedule your examination after all the information has been received. The VA will schedule an examination in accordance with the number of disabilities as well as the type of disability you're claiming. If you fail to attend this test, it could delay the process of submitting your claim.

After the examinations have been completed, the VA will examine the evidence and give you a confirmation packet. If the VA refuses to accept the claim you have a year to request a higher-level review.

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

How do I appeal a denial?

Denial of disability benefits to veterans can be a source of frustration. The VA provides an appeals procedure to appeal these decisions. The first step is to submit the Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement you should state to the VA why you are not happy with their decision. It is not necessary to list all of the reasons but you should include everything you disagree with.

It's also important to request your C-file (claims file) to see the evidence that the VA used in making their decision. Most of the time there are gaps or incomplete records. This could lead to an error in the rating.

If you submit your NOD you will need to decide if you would like to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO examines your case than when it's reviewed by the BVA.

When you request a DRO review you have the option of requesting an individual hearing with a senior rating specialist. The DRO will conduct an investigation of your claim on a "de de novo" basis, meaning they will not give any deference to the previous decision. This usually will result in a brand new hampshire veterans disability law firm Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the most time lengthy appeals procedure and typically takes one to three years for a new decision.

How much will a lawyer charge?

A lawyer can charge a fee if appeal an VA decision regarding the basis of disability. However, current law prevents lawyers from charging for assistance in the case. This is due to the fact that the fee must be contingent upon the lawyer winning your case, or receiving your benefits increased as a result of an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans may be able identify accredited representatives by using the VA's searchable database of accredited attorneys or claims representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a variety of issues including disability compensation and pension claims.

Most disability advocates for veterans are paid on a contingent basis. This means that they only get paid if they win the client's appeal and receive back payment from the VA. The amount of back pay granted varies, but could be as high as 20 percent of the claimant's past-due benefit amount.

In rare instances, an agent or attorney may choose to charge on per hour basis. This is uncommon due to two reasons. First, these matters tend to be time-consuming and can take months or even years. Second, many veterans and their families cannot afford to pay an hourly rate.