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.

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

What is what is VA Disability?

The amount of monthly monetary compensation paid to veterans with service connected disabilities is based on their disability rating. This rating is determined by the severity of the injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20%, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their families.

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

The Social Security Administration also gives paterson veterans disability lawyer special credits they can utilize to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These credits are also referred to as "credit for service."

A majority of the conditions that can qualify disabled veterans for disability benefits are listed in the Code of Federal Regulations. However, certain circumstances require an expert's opinion. An experienced lawyer can assist a client in obtaining this opinion and provide the necessary evidence to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I make a claim?

Veterans must first find the medical evidence of their impairment. This includes Xrays or doctor's reports, as in any other documentation related to the veteran's condition. Giving these records to VA is vital. 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 to file an intent to file. This is a form that permits the VA to review your claim even before you have all the information and medical records that you require. It also preserves your date of eligibility for compensation benefits in the event that you win your case.

When all the information is provided after all the information has been received, the VA will schedule an exam for you. The VA will schedule an examination in accordance with the severity of your disability and the type of disability you claim. Be sure to take this test, because if you miss it this could affect your claim.

The VA will send you a decision document after the tests have been completed. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can help you at this point. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be a source of frustration. Fortunately, the VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you must inform the VA the reason you don't like their decision. You don't have to include every reason but you should include everything that you disagree on.

It's also important to request your C-file (claims file) to see the evidence the VA used to make their decision. There are often insufficient or missing records. In certain cases this could lead to an error in the rating decision.

If you file your NOD, you will be asked to select whether you want your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success when the DRO reviews your case, compared to if it's viewed by the BVA.

You can request a private hearing with a senior rating expert through a DRO review. The DRO will examine your claim "de de novo", meaning that they will not be influenced by the previous decision. This usually results in an entirely new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the longest lengthy appeals procedure and typically can take between one and three years for an updated decision.

What is the average cost a lawyer can charge?

Lawyers can charge a fee for helping appeal a VA decision regarding a disability claim. But, current law prohibits lawyers from charging for assistance in a claim. This is due to the fact that the fee has to be dependent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. Typically these fees are paid directly from any lump-sum payments you receive from the VA.

Veterans can find accredited representatives via the VA's searchable database for accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent veterans, service members or Arlington Veterans Disability Lawsuit their dependents in a wide range of matters, including disability compensation claims and pension claims.

Most disability advocates for veterans operate on a contingent basis. They only receive compensation when they win their client's appeal, and they are also paid back from VA. The amount of backpay given can be different but can be as high as 20 percent of the claimant's past due benefits.

In rare instances an attorney or agent may decide to charge on an the hourly basis. This is not common due to two reasons. First, these matters are usually time-consuming and can drag on for months or even years. The second reason is that many veterans and their families can't afford to pay an hourly rate.