Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. This rating is based upon the severity of an illness or injury, and can range between 0% and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30 percent, etc.). The compensation is tax-free and Missoula Veterans Disability Lawsuit provides basic income to the disabled veteran and their families.

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

The Social Security Administration also gives veterans a special credit they can utilize to increase their lifetime earnings to qualify 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 allow veterans to be eligible for disability compensation. However, some of these conditions require an expert's opinion. A seasoned veteran attorney can assist a client obtain this opinion, and provide the evidence needed to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and we are well-versed with the complexities of VA regulations and laws. Our firm was established in 1996 by a disabled vet who after having successfully represented himself in 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 file a claim?

Veterans must first find the medical evidence supporting their impairment. This includes X-rays and doctor's notes, as well with any other documentation that is related to the veteran's condition. Providing these records to the VA is essential. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of 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 on which you will receive your compensation benefits in case you have a successful case.

The VA will schedule your medical exam once all of the information has been received. The VA will schedule an exam according to the number of disabilities and the type you are claiming. Attend this exam as missing it could delay the processing of your claim.

The VA will send you a decision document when the examinations have been completed. If the VA denies your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can be of assistance at this point. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a a huge benefit to those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a frustrating experience. The VA has an appeals process for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement you should tell the VA why you disagree with their decision. You don't have to list every reason, but you should list all the points you don't agree with.

You must also request your C-file, or claims file, to see the evidence that the VA used to make their decision. There are often incomplete or missing records. In some instances it could lead to an error in the rating decision.

When you file your NOD, you will be asked if you would like your case reviewed either by a Board of elgin veterans disability attorney Appeals or a Decision Review officer. In general, you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

When you request a DRO review, you can request a personal hearing before a senior rating specialist. The DRO will conduct an examination of your claim on the basis of a "de novo" basis, meaning they don't give deference the previous decision. This usually results in the issue of a new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the longest appeals process and can take up to three years for an appeal to be heard.

What is the cost an attorney could charge?

A lawyer could charge a fee for assisting you appeal an VA disability decision. But, current law prohibits lawyers from charging fees to assist with a claim. The fee is only due if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically, these fees will be paid directly from any lump-sum payments you receive from the VA.

Veterans may find accredited representatives through the VA's searchable database that lists accredited attorneys or claims representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or their dependents in a wide spectrum of cases, including disability compensation claims and pension claims.

Most disability advocates for veterans work on a contingency basis. They only receive compensation when they win their client's appeal, and they are also paid back from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total past due benefit award.

In rare instances attorneys or agents might decide to charge on an the basis of an hourly rate. This isn't often the case due to two reasons. First, these issues are often time consuming and can drag on for months or even years. Second, many missoula veterans disability lawsuit and their families can't afford to pay an hourly rate.