Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. He also represents clients at VA Board of veterans disability law firms Appeals hearings.

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

What is what is VA disability?

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

The VA also has other programs that provide additional compensation, such as individual unemployment, auto allowance, clothing allowance and prestabilization and hospitalization benefits. 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 boost their earnings over the course of their lives for retirement or disability benefits. These credits are also referred to as "credit for service."

A majority of the conditions that qualify veterans for disability compensation are mentioned in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. A seasoned lawyer with experience can assist a client to obtain this opinion and provide the evidence needed to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans' rights a top priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans must look up the medical evidence for their disability. This includes Xrays or doctor's reports, as with any other documentation that is related to the condition of the veteran. It is vital to provide these documents to the VA. If a veteran does not have these documents then the VA should be notified by the claimant (or their VSO).

The next step is to fill out an intent to file. This form allows the VA to review your claim before you have the needed information and medical records. It also protects your date of effective for benefits in the event that you win your case.

When all the data is provided after all the information has been received, the VA will schedule an exam for you. The VA will schedule an examination according to the severity of your disability and the type of disability you claim. Don't miss this exam because it could delay the process of submitting your claim.

After the examinations have been completed Once the examinations are complete, the VA will examine the evidence and send you a confirmation packet. If the VA denies the claim, you'll have a year to request a more extensive review.

A lawyer can help in this situation. Lawyers who are accredited by VA can now be involved in appeals from the start, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be frustrating. The VA offers an appeals procedure to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA why you were dissatisfied with their decision. It is not necessary to list every reason, 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. There are usually incomplete or missing records. This can result in an error in the rating.

After you have submitted your NOD, you'll be asked if you want your case reviewed 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 than when it's reviewed by BVA.

If you are subject to a DRO review, you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will examine your claim "de novo" which means they will not defer to the previous decision. This typically results in an entirely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the most time lengthy appeals procedure and typically can take between one and three years to receive a new decision.

How much does a lawyer charge?

A lawyer can charge a fee to help you appeal a VA decision regarding a disability claim. The law currently does not permit lawyers to charge fees for assistance with a claim in the beginning. This is because the fee has to be contingent upon the lawyer winning your case or getting your benefits increased through an appeal. Typically these fees are paid out of the lump-sum payments that you receive from the VA.

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

The majority of veterans' disability advocates are paid on an hourly basis. They only get paid when they win their client's appeal, and they are also paid back from VA. The amount of backpay given can be different however it could be as high as 20 percent of the claimant's past-due benefits.

In rare cases attorneys or agents may decide to charge an the hourly basis. However, this is uncommon due to two reasons. These matters can take months or even years to be resolved. Second, most veterans and their families cannot afford to pay on an hourly basis.