Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in getting the disability compensation they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.

According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week The Department of branson veterans disability lawyer Affairs discriminated for decades against Black veterans by discriminating against their disability claims.

What is an VA Disability?

The disability rating determines the amount of monthly payments to veterans who have disabilities that are related to service. This rating is based upon the severity of the illness or injury and can vary from 0% to 100% in 10% increments (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides basic income for disabled veterans and their family.

VA offers additional compensation through other programs, for example individual unemployment, clothing allowances as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These are in addition to basic disability compensation.

The Social Security Administration also gives veterans a special credit they can use to boost their lifetime earnings so that they can be eligible for disability or retirement benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. Some of these conditions, however require an expert's opinion. A skilled lawyer with years of experience can assist a client in obtaining this opinion and provide the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled hundreds of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a top priority in his practice after he successfully represented himself in a Board of ontario veterans disability law firm Appeals hearing.

How do I claim a benefit?

First, veterans must look up the medical evidence supporting their disability. This includes Xrays, doctor's notes or other evidence that relate to their condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to file an intent to file. This form lets the VA to review your claim before you have the needed information and medical records. The form also keeps the date on which you will receive your compensation benefits if you win your case.

If all the required information is received after all the information has been received, the VA will schedule an examination for you. The VA will schedule an examination according to the amount of disabilities you have and the type you are claiming. 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-making package after the examinations are completed. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.

At this moment, a lawyer could help you. VA-accredited lawyers are now 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 for veterans can be frustrating. The VA offers an appeals procedure for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disagreement, you must explain to the VA why you disagreed with their decision. You don't have to give every reason, but you must list all the points you disagree with.

You must also request a C-file or claims file so that you can determine the evidence that the VA used to reach their decision. Often times there are no or insufficient records. In some instances, this can lead to an error in the rating decision.

After you have submitted your NOD, it will be asked to decide if you would like your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll be more likely to have success when you opt for the DRO review DRO review than with the BVA.

You can request a personal hearing with an expert in senior ratings through an DRO review. The DRO will conduct an investigation of your claim on a "de de novo" basis, meaning they don't give deference the previous decision. This typically results in an entirely new Rating Decision. You may also opt to have the BVA in Washington examine your claim. This is the most lengthy appeals procedure and can take approximately three years to get an appeal to be heard.

What is the average cost a lawyer can charge?

Lawyers can charge a fee for helping appeal the VA decision regarding an appeal for disability. However, current law prohibits lawyers from charging fees for assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. Typically these fees are paid directly out of the lump-sum payments that you receive from the VA.

Veterans can look through the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or dependents in a broad spectrum of cases that include pension claims, disability compensation and claims.

Most disability advocates for veterans work on a contingency. This means that they are only paid if they prevail in the appeal of the client and get back payment from the VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's past-due benefit award.

In rare cases an attorney or agent may choose to charge on an hourly basis. However, this is not the norm for two reasons. These matters can take months or years to be resolved. Additionally, many veterans and their families are unable to afford to pay for these services on an hourly basis.