Veterans Disability Litigation

Ken counsels veterans of the military to assist them in getting the disability benefits they deserve. He also represents 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 by disproportionately denying their disability claims.

What is an VA Disability?

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

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

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

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. However, certain conditions require an expert's opinion. An experienced lawyer can help a customer obtain this opinion, and supply the necessary evidence to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients get the disability benefits they deserve. We have handled hundreds of disability cases and are knowledgeable in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who, after successfully representing himself in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an integral part of his practice.

How do I submit a claim?

Tampa veterans disability lawsuit (vimeo.com) need to first collect the medical evidence of their disability. This includes Xrays, doctor's notes or other evidence related to their health. Providing these records to the VA is essential. 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 a filing of an intention to file. This is a form that permits the VA to review your claim, even before you have all the information and medical records you require. This form also protects the date of effective compensation benefits in the event that you are successful in your case.

The VA will schedule your medical exam after all the required details have been received. This will be dependent on the quantity and type of disabilities you are claiming. In the event that you do not attend this exam, it could delay the process of submitting your claim.

After the examinations are completed After the examinations are completed, after the examinations are completed, VA will review the evidence and send you a decision packet. If the VA decides to deny the claim, you'll have one year to request a higher level review.

A lawyer can assist you at this point. 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 people seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a frustrating experience. The VA provides an appeals procedure for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your notice of disagreement, you have to tell the VA the reason you don't like their decision. You don't have to include every reason but you should list everything you disagree with.

You must also request your C-file, or claims file, to determine what evidence the VA used to arrive at their decision. Most of the time there are no or insufficient records. This can sometimes lead to an error in the rating.

When you submit your NOD you must decide whether you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success when the DRO reviews your case than when it's reviewed by BVA.

You can request a private hearing with an expert in senior rating through an DRO review. The DRO will conduct an examination of your claim on an "de novo" basis, meaning they will not give deference to the previous decision. This usually results in a totally new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the longest appeals procedure and can take approximately three years to get a new decision.

How much can a lawyer charge?

A lawyer can charge a fee to assist you appeal a VA disability decision. However, Tampa Veterans Disability Lawsuit current law prohibits lawyers from charging for initial assistance in a claim. This is due to the fact that the fee is dependent on the lawyer prevailing in your case, or receiving your benefits increased as a result of an appeal. These fees are usually paid directly from any lump-sum payment 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. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors in a variety of matters including disability compensation and pension claims.

The majority of veterans' disability advocates are paid on an ad-hoc basis. They only get paid when they prevail in their client's appeal and they receive back pay from VA. The amount of backpay that is granted can differ, but it can be as high as 20 percent of a claimant's past-due benefits.

In rare instances an attorney or agent may choose to charge an hourly rate. This is not common due to two reasons. First, these issues are often time consuming and can take months or even years. Additionally, many veterans and their families are unable to afford to pay on an hourly basis.