Veterans Disability Litigation

Ken advises veterans of the military to help them obtain the disability benefits they deserve. Ken assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by generally denying their disability claims in a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The amount of monetary compensation per month paid to veterans with service-related disabilities is determined on their disability rating. The rating is determined by the severity of the injury or illness and can range from 0% to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is not subject to tax and provides a basic income to the disabled veteran and his family.

VA provides additional compensation through other programs, including individual unemployment allowances for clothing prestabilization and hospitalization automobile allowances, and hospitalization allowances. These are in addition to the regular disability compensation.

In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for disability or retirement benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. Certain of these conditions, however require an expert's advice. An experienced veteran lawyer 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 veterans with disabilities claims and appeals. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled hundreds of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans rights a top priority in his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first locate the medical evidence of their impairment. This includes Xrays, doctor's reports or any other documentation that relate to their health. It is vital to provide these records to VA. If a veteran does not have these documents and the VA should be notified by the claimant (or their VSO).

The next step is to file an intent to file. This form lets the VA examine your claim even before you have the necessary information and medical records. 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 examination after all the details have been received. The VA will set the date for the examination depending on the severity of your disability and the type of disability you're claiming. Make sure you attend the exam, since in the event you fail to take it and fail to take it, it could hinder your claim.

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

At this point, a lawyer can assist you. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is hugely beneficial to those who seek disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a very frustrating experience. Fortunately, the VA has an appeals process for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your notice of disagreement, you must tell the VA the reason you don't like their decision. You don't need to list every reason, but you must mention all the aspects you disagree with.

You should also request your C file or claims file so that you can determine what evidence the VA used to reach their decision. There are often documents that are not complete or have been deleted. In some instances, this can lead to an error in the rating decision.

After you have submitted your NOD, you'll be asked to decide if you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success if the DRO examines your case rather than if it's viewed by the BVA.

You can request a private hearing with an expert in senior ratings through an DRO review. The DRO will review your claim "de novo" this means they will not accept the previous decision. This usually results in a totally new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest taking appeals route and typically takes one to three years to obtain a new decision.

What is the average amount an attorney can charge?

A lawyer could charge a fee to assist you appeal an VA disability decision. However, current law prevents lawyers from charging for initial assistance with a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits via an appeal. Typically the fees are directly derived from any lump-sum payments you get from the VA.

Veterans are able to search the database of accredited attorneys or claim agents to find accredited representatives. They have been vetted by the Department of hewitt veterans disability lawyer Affairs to represent veterans, service members and their dependents as well as survivors in a variety of matters including pension and disability compensation claims.

Most veterans' disability advocates are paid on a contingent basis. This means that they are only paid if they prevail in the appeal of the client and get back payment from the VA. The amount of back pay that is granted varies, but could be as much as 20 percent of the claimant's total past due benefit award.

In rare cases attorneys or agents may decide to charge on an the basis of an hourly rate. This is uncommon due to two reasons. First, these issues can be time-consuming and can last for months or even years. The second reason is that most Santa Rosa veterans Disability law firm and their families are unable to afford to pay for these services on an hourly basis.