Veterans Disability Litigation

Ken counsels veterans of the military to help them obtain the disability benefits they deserve. He also represents his 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 discriminating against their disability claims.

What is an VA Disability?

The disability rating determines the amount of compensation per month paid to veterans with disabilities that are related to service. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in 10% increments (e.g., 20%, 30% etc). The compensation is free of tax and provides a basic source of income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation like individual unemployment, auto allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credit that they can use to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are referred to as "credit for service."

Code of Federal Regulations lists a variety of conditions that make a veteran eligible for disability compensation. Certain of these conditions however require the opinion of an expert. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the evidence needed to support an application for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to ensuring that our clients get the disability benefits that they deserve. We have handled thousands of disability cases and are knowledgeable in the complex nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans' rights a major part of his practice after successfully representing himself in a Board of youngtown veterans disability attorney Appeals hearing.

How do I submit a claim?

First, veterans need to look up the medical evidence that supports their disability. This includes Xrays or doctor's notes, as well as any other documentation related to the veteran's condition. It is essential to submit these documents to the 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 is a form that allows the VA to begin reviewing your claim even before you have all the medical records required. This form also preserves the effective date of your compensation benefits if you are successful in your case.

When all the data is provided, the VA will schedule an exam for you. This will be dependent on the amount and type of disabilities you are claiming. Make sure that you take this exam, as If you don't, it could delay your claim.

Once the tests are complete After the examinations are completed, 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 higher-level review.

A lawyer can assist you at this point. Lawyers who are accredited by VA can now be involved in appeals right from the beginning, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans can be extremely frustrating. The VA offers an appeals procedure to appeal these decisions. The first step is to make 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 the reasons why you did not agree with their decision. You don't have to list every reason, but you must list all the points you disagree with.

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

When you file your NOD, it will be asked to select whether you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

When you request an DRO review, you have the option of asking for a personal hearing before a senior rating specialist. The DRO will examine your claim "de de novo", meaning that they will not be influenced by the previous decision. This typically results in a totally new Rating Decision. You may also decide to request that the BVA in Washington examine your claim. This is the most lengthy appeals procedure and can take up to three years to reach an update on the decision.

What is the cost an attorney could charge?

A lawyer can charge a fee to help you appeal an VA decision on an appeal for disability. However, current law prohibits lawyers from charging fees to assist with a claim. This is due to the fact that the fee has to be dependent on the lawyer prevailing in your case or getting your benefits increased by an appeal. Typically the fees are directly derived from any lump-sum payments you receive from the VA.

skiatook Veterans disability law firm are able to search the database of accredited attorneys or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad range of matters such as pension claims, disability compensation and claims.

Most disability advocates for veterans are paid on the basis of a contingent. They only receive compensation when they win their client's appeal, and they receive back pay from VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's past-due benefit.

In rare instances an attorney or agent may choose to charge an hourly rate. However, this is uncommon for two reasons. These matters can take months or years to be resolved. Additionally, many veterans and their families cannot afford to pay for these services on an hourly basis.