Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of veterans disability lawyer Affairs discriminated against Black veterans for a long time by discriminating against their disability claims, according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

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

VA offers additional compensation through other programs, including individual unemployment allowances for clothing prestabilization and hospitalization, allowances for automobiles, and hospitalization allowances. These are in addition to basic disability compensation.

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

Many of the conditions that can qualify an individual for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions, however require the opinion of an expert. An experienced veteran attorney can assist a customer in obtaining this opinion, and provide the evidence required to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to ensuring that our clients receive the disability benefits they are entitled to. We have handled thousands disability cases and are conversant with the complexities of VA regulations and laws. 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 the top priority in his practice.

How do I submit a claim?

First, veterans must look up the medical evidence for their condition. This includes X-rays and doctor's reports, or other documents relevant to their condition. It is vital to provide these records to VA. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This form allows the VA review your claim even before you have the necessary information and medical records. It also preserves your effective date for receiving compensation when you win your case.

The VA will schedule your medical exam once all of the information is received. The VA will set the date for the examination according to the amount of disabilities you have and the type of disability you're claiming. Make sure you take the exam, since if you miss it the exam could delay your claim.

Once the tests are complete, the VA will examine the evidence and give you a decision packet. If the VA rejects the claim, you'll have one year to request a more thorough review.

At this point, a lawyer can assist you. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is a hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans is a frustrating experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement, veterans Disability lawsuit you should explain to the VA why you are not happy with their decision. It is not necessary to list all the reasons, but you should mention all the points you disagree with.

You must also request a C-file or claims file so that you can see what evidence the VA used to arrive at their decision. Sometimes there are gaps or incomplete records. This can result in an error in the rating.

If you file your NOD, you'll be asked to decide if you would like your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you'll be more likely to have success when you opt for a DRO review than with the BVA.

In the event of a DRO review you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will review your claim "de novo", meaning that they will not defer to the previous decision. This typically results in a completely new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process, and it could take up to three years for a new decision.

What is the cost an attorney could charge?

A lawyer could charge a fee to assist you appeal a VA disability decision. However, current law prohibits lawyers from charging for assistance in the case. This is due to the fact that the fee is dependent on the lawyer winning your case or having your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans can look through the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of issues including pension and disability compensation claims.

The majority of Veterans disability Lawsuit' disability advocates operate on a contingent basis. This means that they only get paid if they succeed in winning the appeal of the client and get back payments from the VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total past-due benefit award.

In rare cases, an agent or lawyer might choose to charge an hourly fee. This is not common for two reasons. First, these cases tend to be time-consuming and can drag on for months or even years. Additionally, many veterans and their families cannot afford to pay on an hourly basis.