Veterans Disability Litigation

Ken advises veterans of the military to help them get the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by discriminating against their disability claims as per the lawsuit 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 determined on their disability rating. This rating is based upon the severity of an injury or illness and can range from zero and 100% in increments of 10 percent (e.g. 20%, 30 percent, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their families.

VA offers additional compensation through other programs, such as individual unemployment allowances for clothing prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

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

Many of the conditions that qualify disabled veterans disability settlement for disability benefits are described in the Code of Federal Regulations. Certain of these conditions, however, require an expert's opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and present the evidence required to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients get the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the complexities of VA rules and regulations. Our firm was founded by a disabled veteran who made fighting for veterans' rights a priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I claim a benefit?

First, Veterans Disability Litigation veterans must find the medical evidence that supports their condition. This could include X-rays, doctor's reports, as well as any other documentation related to the veteran's condition. It is essential to submit these records to VA. If a veteran does not have these documents and the VA must be informed 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 all the medical records that you require. This form also preserves the date you can start receiving your compensation benefits in the event that you have a successful case.

The VA will schedule your exam when all details have been received. It will depend on the number and type of disability you claim. In the event that you do not attend this exam, it could delay the process of submitting your claim.

The VA will send you a decision document after the tests have been completed. If the VA denies your claim, you have a year from the date of the letter to request a higher-level review.

At this moment, a lawyer will assist you. VA-accredited lawyers can now be involved in appeals right from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability lawyers disability benefits can be a very frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you have to tell the VA the reason you don't like their decision. You don't need to list every reason, but you should state all the issues that you disagree with.

You should also request your C-file, or claims file, so that you can see the evidence that the VA used to make their decision. Sometimes there are gaps or incomplete records. This can result in a mistake in the rating.

When you submit your NOD, you will be asked to decide if you would like your case reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success with a DRO review than with the BVA.

You can request a private hearing with a senior rating expert via a DRO review. The DRO will review your claim "de novo" which means they will not be influenced by the previous decision. This typically results in a new Rating Decision. You can also have the BVA in Washington review your claim. This is the time consuming appeals path and typically takes between one and three years to receive an updated decision.

What is the cost an attorney could charge?

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

veterans disability attorneys are able to search the database of attorneys accredited by the VA or Veterans Disability Litigation claim agents to find accredited representatives. These people are accredited by the Department of Veterans Affairs and can represent veterans disability claim, service members or dependents in a broad variety of cases that include pension claims and disability compensation claims.

Most veterans disability attorneys' disability advocates work on a contingency basis. This means that they are only paid if they prevail in the client's appeal and receive back payment from the VA. The amount of backpay that is paid can vary but it could be as high as 20 percent of a claimant's past-due benefits.

In rare cases an attorney or agent may decide to charge on an the hourly basis. But, this isn't common due to two reasons. These issues could take months or even years to resolve. Additionally, many veterans and their families cannot afford to pay on an hourly basis.