Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability benefits they deserve. He also represents his clients in VA Board of Veterans Appeals Hearings.

The Department of veterans disability attorneys Affairs discriminated against Black veterans for years by discriminating against their disability claims, according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is based on their disability rating. This rating is based upon the severity of the illness or injury and can range from 0% to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The amount is devoid of tax and provides a basic source of income to the disabled veteran and his family.

VA provides additional compensation through other programs, like individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. These are in addition to the regular disability compensation.

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

Code of Federal Regulations lists numerous conditions that qualify a veteran to receive disability compensation. Some of these conditions, however require an expert's opinion. An experienced veteran lawyer can help a client obtain this opinion and present the evidence required to support the claim for disability benefits.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to ensuring that our clients receive the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in a Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I make a claim?

Veterans must first locate the medical evidence that proves their disability. This includes X-rays, doctor's reports or other documentation related to their condition. It is vital to provide these records to VA. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).

The next step is to submit 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 required. This form also ensures the date of effective compensation benefits in the event that you are successful in your case.

If all the required information is provided When all the information is submitted, the VA will schedule an appointment for you. The VA will schedule an exam in accordance with the number of disabilities and the type of disability you're claiming. Make sure you attend this exam, as should you miss it the exam could delay your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can help in this situation. VA-accredited lawyers are now involved in appeals right from the beginning, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans can be extremely frustrating. The VA offers an appeals procedure to appeal these decisions. The first step is to send an Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disagreement, you should explain to the VA why you are not happy with their decision. You don't need to list every reason, but you must state all the issues that you disagree with.

You must also request your C-file, or veterans Disability attorneys claims file, so that you can see what evidence the VA used to make their decision. There are often insufficient or missing records. In some cases this could lead to an error in the rating decision.

When you submit your NOD, you'll be asked to choose whether you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success if the DRO examines your case than when it's reviewed 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 novo" which means they will not be influenced by the previous decision. This typically will result in a brand new Rating Decision. You can also choose to request that the BVA in Washington review your claim. This is the time consuming appeals path and typically takes between one and three years to get an updated decision.

What is the cost an attorney could charge?

A lawyer may charge a fee for helping you appeal the VA decision on an appeal for disability. The current law does not permit lawyers to charge fees for initial assistance in a claim. The fee is only due when the lawyer wins your case or Veterans Disability Attorneys increases your benefits by filing an appeal. Typically the fees are paid out of the lump-sum payments that you receive from the VA.

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

Most disability advocates for veterans are paid on a contingency basis. They only get paid when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay awarded can vary however it could be as high as 20 percent of a claimant's past-due benefits.

In rare instances an attorney or agent may decide to charge on an an hourly basis. This is uncommon due to two reasons. These issues can take months or years to resolve. Additionally, many veterans disability attorneys and their families can't afford to pay an hourly fee.