Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability compensation 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 generally denying their disability claims in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The amount of monetary compensation per month paid to veterans with disabilities resulting from service is based on their disability rating. The rating is based on the severity of an injury or illness, and can range between 0% and 100% in increments of 10 percent (e.g. 20 percent, 30 percent, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their families.

The VA also has other programs that provide additional compensation like individual unemployability, automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits 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 credits to boost their disability or retirement benefits. These additional credits are known as "credit for service."

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. Certain of these conditions, however require an expert's advice. An experienced veteran attorney can assist a customer in obtaining this opinion, and supply the evidence required to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients to receive the benefits they're entitled to. We have handled thousands disability cases and we are well-versed with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled vet who after having successfully represented himself at an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.

How do I make a claim?

Veterans must first locate the medical evidence to prove their impairment. This includes Xrays, doctor's reports, or other documents related to their medical 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 the filing of an intention to file. This form allows the VA to begin reviewing your claim before you have all the information and medical records that you require. It also ensures that you have an effective date for compensation benefits in the event that you win your case.

The VA will schedule your medical exam once all of the details have been received. The VA will set the date for the examination in accordance with the number of disabilities as well as the type of disability you claim. In the event that you do not attend this exam, it could delay the process of submitting your claim.

The VA will send you a decision package after the tests have been completed. If the VA rejects the claim, you'll have one year to request a more thorough review.

A lawyer can help in this situation. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit for those who seek disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a very frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you must explain to the VA why you were dissatisfied with their decision. It is not necessary to list every reason but you should include all the points you disagree with.

You must also request a C-file or claims file to determine what evidence the VA used to arrive at their decision. Sometimes there are missing or incomplete records. This can result in a mistake in the rating.

When you file your NOD you must decide whether you want to have your case reviewed by a Decision Review Officer or by the Board of portsmouth veterans disability law firm Appeals. In general, you'll have a better chance of success when the DRO reviews your case than when it's reviewed by the BVA.

You can request a personal hearing with an expert in senior rating through an DRO review. The DRO will review your claim "de novo" which means that they will not defer to the previous decision. This typically will result in a brand new Rating Decision. You may also opt to have the BVA in Washington review your claim. This is the longest appeals process and it can take up to three years to reach an update on the decision.

How much does a lawyer charge?

Lawyers may charge a fee to assist you appeal an VA disability decision. However, current law prevents lawyers from charging fees for assistance when submitting a claim. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

Veterans may find accredited representatives via the VA's searchable database for accredited attorneys or claims representatives. These individuals are accredited by the Department of clarendon hills veterans disability lawsuit Affairs and are able to represent veterans, service members or dependents in a vast spectrum of cases, including disability compensation claims and pension claims.

The majority of veterans' disability advocates are paid on a contingent basis. This means that they only get paid if they are successful in winning the client's appeal and receive back payments from the 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 decide to charge an hourly fee. This is rare for two reasons. First, these situations can be time-consuming and can go on for months or even years. Second, most veterans and their families can't afford to pay on an hourly basis.