Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. He is also a lawyer for his clients at VA Board of la grange veterans disability law firm Appeals Hearings.

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

What is an VA Disability?

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

VA provides additional compensation through other programs, like individual unemployment allowances for clothing prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. 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 earnings over the course of their lives for disability or retirement benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. Some of these conditions, however, require an expert's opinion. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence needed to support the claim for disability benefits.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits that they deserve. We have handled hundreds of disability cases and are knowledgeable in the complex nature of VA law and procedure. 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 in a Board of Veterans Appeals hearing.

How do I file a claim?

Veterans must first locate the medical evidence of their impairment. This includes X-rays or doctor's reports, as well with any other documentation that is related to the veteran's condition. Giving these records to VA is vital. If a veteran doesn't have these documents then the VA must be informed by the applicant (or their VSO).

The next step is to submit an intent to file. This form lets the VA to review your claim before you have all the required information and medical records. This form also ensures the date you can start receiving your compensation benefits in the event that you win your case.

When all the data is submitted, the VA will schedule an exam for you. The VA will schedule an exam in accordance with the severity of your disability and the type you claim. Attend this exam as missing it could delay the process of your claim.

After the examinations are completed after which after the examinations are completed, VA will examine the evidence and give you a confirmation packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.

At this point, a lawyer can assist you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is an enormous benefit for those who seek disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be extremely frustrating. Fortunately that the VA has an appeals process for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you must inform the VA why you disagree with their decision. You don't need to list all of the reasons but you should include everything that you disagree on.

You should also request your C file, or claims file, to determine the evidence that the VA used to reach their decision. There are often incomplete or missing data. In some cases it could lead to an error in the rating decision.

When you submit your NOD you must choose whether you would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success if the DRO reviews your case, compared to if it's reviewed by the BVA.

With an DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will conduct the review of your claim on the basis of a "de novo" basis, meaning they do not give deference to the previous decision. This usually results in a completely new Rating Decision. You may also opt to have the BVA in Washington review your claim. This is the most lengthy appeals procedure and can take up to three years to reach an update on the decision.

How much can a lawyer charge?

A lawyer can charge a fee if you appeal an VA decision regarding a disability claim. But, current law prohibits lawyers from charging fees for assistance in the case. This is due to the fact that the fee has to be contingent on the lawyer winning your case, or having your benefits increased through an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

Veterans can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors in a variety of issues such as disability compensation and pension claims.

Most disability advocates for veterans work on a contingency basis. They only receive compensation when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay that is given can be different, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare instances, an agent or lawyer could decide to charge an hourly rate. However, this is not the norm for two reasons. These matters can take months or even years to resolve. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.