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 Veterans Affairs discriminated for decades against Black veterans by denial of their disability claims.

What is a VA Disability?

The amount of monetary compensation per month provided to veterans suffering from disabilities resulting from service is based on their disability rating. The rating is based on the severity of an injury or illness, and can range between 0% and 100% in increments of 10% (e.g. 20% 30 percent, 30 percent, etc.). The compensation is not subject to tax and provides a basic income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credit that they can utilize to increase their lifetime earnings so that they can 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 make a veteran eligible for disability compensation. However, certain conditions require an expert's advice. An experienced veteran attorney can assist a customer in obtaining this opinion, and supply the evidence needed to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients receive the disability benefits they are entitled to. We have handled a variety of disability cases and are conversant with the complexities of VA regulations and laws. Our firm was established by a disabled veteran who made fighting for veterans rights a priority in his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

First, ashland veterans disability law firm need to locate the medical evidence that supports their condition. This could include X-rays, doctor's notes, as well with any other documentation that is related to the condition of the veteran. It is important to provide these records to VA. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intention to file. This form allows the VA to review your claim, even before you have all the medical records you need. The form also keeps the date of effective compensation benefits in case you win your case.

If all the required information is in When all the information is submitted, the VA will schedule an exam for you. The VA will schedule an exam in accordance with the severity of your disability and the type of disability you claim. Attend this exam as missing it could delay the processing of your claim.

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

At this moment, a lawyer will assist you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a huge benefit to those who seek disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be extremely frustrating. The VA offers an appeals procedure to appeal these decisions. The first step is to submit the Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice Of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. You don't have to list all the reasons but you should list everything you disagree with.

It is also essential to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. Most of the time, there are missing or insufficient records. This can result in an error in the rating.

If you file your NOD, it will be asked to select whether you would like your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success if the DRO examines your case rather than if it's reviewed by the BVA.

When you request the DRO review, you have the option of asking for an individual hearing with a senior rating specialist. The DRO will conduct the review of your claim on a "de de novo" basis, meaning they will not give deference to the previous decision. This usually results in an entirely new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the time consuming appeals path and typically takes between one and three years to obtain an updated decision.

How much can an attorney charge?

A lawyer may charge a fee to assist appeal a VA decision regarding an appeal for disability. The law as it stands today does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. Typically the fees are paid directly from any lump-sum payments you receive from the VA.

Veterans are able to search the 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 range of issues including disability compensation and pension claims.

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

In rare cases attorneys or agents may decide to charge on an the hourly basis. This is rare for two reasons. First, these matters are usually time-consuming and can take months or even years. Second, many veterans and their families cannot afford to pay an hourly fee.