Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. He assists his clients at VA Board of 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 what is VA Disability?

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

The VA also has other programs that provide additional compensation, such as individual unemployability, automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credits that they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These additional credits are known as "credit for service."

Code of federal way veterans disability lawsuit (via Vimeo) Regulations lists a variety of conditions that allow veterans to be eligible for disability compensation. Some of these conditions, however, require an expert's opinion. An experienced lawyer can help a client obtain this opinion and provide the proof needed to support an application for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands 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 successfully representing himself at a Board of Veterans Appeals hearing.

How do I submit a claim?

The first step is to locate the medical evidence for their condition. This includes X-rays and doctor's reports, as any other documentation pertaining to the condition of the veteran. It is vital to provide these documents to the VA. If a veteran doesn't have these documents, they must 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 to begin reviewing your claim before you have all the medical records you need. It also preserves your date of effective for benefits in the event that you win your case.

When all the information is submitted, the VA will schedule an exam for you. The VA will schedule an exam 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 your claim.

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

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

How do I appeal a denial?

The denial of veterans disability attorney' disability benefits can be frustrating. The VA offers an appeals procedure to appeal these decisions. The first step is to submit an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you must inform the VA why you are not happy with their decision. You don't need to list all of the reasons but you should list everything that you disagree on.

You must also request your C-file, or claims file, so that you can determine the evidence that the VA used to arrive at their decision. There are often documents that are not complete or have been deleted. This could lead to a mistake in the rating.

When you file your NOD it is up to you to decide if 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 higher chance of success if the DRO examines your case than if it's reviewed by the BVA.

You can request a private hearing with a senior rating expert through the process of a DRO review. The DRO will review your claim "de novo" which means they will not defer to the previous decision. This usually results in an entirely new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the most time lengthy appeals procedure and typically can take between one and three years for Veterans Disability an updated decision.

How much does an attorney charge?

A lawyer can charge a fee to help you appeal the VA decision on an appeal for disability. However, the law currently prohibits lawyers from charging for assistance in the case. This is because the fee is contingent upon the lawyer winning your case or having your benefits increased through an appeal. Typically, these fees will be paid out of any lump-sum payment you receive from the VA.

Veterans may be able to find accredited representatives via the VA's searchable database that lists licensed attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad spectrum of cases that include pension and disability compensation claims.

The majority of veterans' disability advocates operate on a contingent basis. They only get paid when they prevail in their client's appeal and also receive back pay from VA. The amount of backpay that is granted can differ however it could be as high as 20 percent of a claimant's past due benefits.

In rare cases attorneys or agents may choose to charge on the basis of an hourly rate. This is not common due to two reasons. These matters can take months or years to be resolved. In addition, the majority of veterans and their families cannot afford to pay for these services on an hourly basis.