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veterans disability attorney Disability Litigation

Ken counsels military veterans to assist them in obtaining the disability compensation they deserve. 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 disproportionately denying their disability claims.

What is an VA disability?

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

VA provides additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits 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 special credits to increase their retirement or disability benefits. These extra credits are referred to as "credit for service."

Many of the conditions that qualify disabled veterans for disability benefits are included in the Code of Federal Regulations. However, certain conditions require an expert opinion. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence required to prove a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to ensuring that our clients obtain the disability benefits that they deserve. We have handled a variety of disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for veterans rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

First, veterans veterans must find the medical evidence to prove their impairment. This includes Xrays, doctor's reports, or other documents relevant to their health. 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 the filing of 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 you need. It also keeps your effective date for compensation benefits in the event that you win your case.

The VA will schedule your exam after all the required information has been received. The VA will schedule the exam in accordance with the amount of disabilities you have and the type you are claiming. Make sure you attend the exam, since should you miss it the exam could delay your claim.

Once the examinations are complete Once the examinations are complete, the VA will review the evidence and send you a decision package. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.

At this moment, a lawyer will help you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a an enormous benefit to those seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be a source of frustration. The VA offers an appeals procedure for 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 explain to the VA why you are not happy with their decision. You don't have to include all the reasons but you should list all the points you disagree with.

It's also important to request your C-file (claims file) to see the evidence that the VA used to make their decision. Most of the time there are no or incomplete records. This can lead to a mistake in the rating.

When you file your NOD, you must choose whether you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a better chance of success with the DRO review DRO review than with the BVA.

You can request a personal hearing with an expert in senior rating through the process of a DRO review. The DRO will examine your claim "de de novo" which means they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the most lengthy appeals process and it can take up to three years for an update on the decision.

What is the cost an attorney could charge?

Lawyers can charge a fee to help appeal an VA decision on an appeal for disability. The law currently does not permit lawyers to charge for initial assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans may locate accredited representatives using the VA's searchable database that lists certified attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a variety of issues including pension and disability compensation claims.

Most veterans' disability advocates are paid on a contingent basis. This means that they only get paid if they win the appeal of the client and receive back payments from the VA. The amount of backpay paid can vary, but it can be as high as 20 percent of a claimant's past due benefits.

In rare instances an attorney or agent might choose to charge an hourly fee. This is uncommon due to two reasons. First, these issues can be time-consuming and can drag on for months or even years. Additionally, many veterans and their families are unable to afford to pay for these services on an hourly basis.