Veterans Disability Litigation

Ken counsels veterans of the military to help them get the disability compensation they deserve. He also represents his clients in VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, discriminating against their disability claims, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is based on their disability rating. This rating is based on the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is exempt from 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 allowances for automobiles, and hospitalization allowances. These are in addition to the basic disability compensation.

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

Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. Certain of these conditions however, require an expert's opinion. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the evidence needed to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled hundreds of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after securing his own representation at a Board of Veterans Appeals Hearing and making veterans' rights a priority for his practice.

How do I make a claim?

First, veterans need to look up the medical evidence that supports their disability. This includes any X-rays, doctor's notes or other evidence regarding their health. It is essential to submit these records to VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to file an intent to file. This is a form that permits the VA to begin reviewing your claim, even before you have all the information and medical records you require. This form also ensures the date on which you will receive your compensation benefits in the event that you succeed in your claim.

The VA will schedule your examination after all the required information has been received. This will depend on the quantity and type of disabilities you are claiming. If you fail to attend this test, it could delay the process of submitting your claim.

After the examinations have been completed after which the VA will examine the evidence and send you a decision-making packet. If the VA decides to deny the claim, you'll have one year 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 a huge benefit to those who are seeking disability benefits.

How do I appeal a denial?

The denial of veterans' disability benefits can be frustrating. Fortunately the VA has an appeals procedure 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 should explain to the VA the reasons why you did not agree with their decision. You don't need to list every reason, but you should mention everything you disagree with.

You should also request your C-file or claims file to determine the evidence that the VA used to make their decision. There are usually incomplete or missing data. This could lead to an error in the rating.

After you have submitted your NOD, the applicant will be asked to choose whether you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will be more likely to have 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 requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct the review of your claim on a "de de novo" basis, which means that they don't give deference the previous decision. This usually will result in a brand new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the most time consuming appeals path and typically can take between one and three years to obtain a new decision.

How much can an attorney charge?

A lawyer may charge a fee to help you appeal an VA disability decision. The law as it stands today does not permit lawyers to charge fees for assistance with a claim in the beginning. This is because the fee must be dependent on the lawyer prevailing in your case, or getting your benefits increased through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

campbell veterans disability law firm can look through the VA's database of accredited attorneys or claim agents to locate accredited representatives. These individuals are accredited by the Department of Veterans Affairs and can represent vancouver veterans disability lawyer, service members or their dependents in a wide range of issues, including pension and disability compensation claims.

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

In rare cases attorneys or agents may choose to charge on an hourly basis. This isn't often the case due to two reasons. These matters can take a long time to resolve. Second, most veterans and their families cannot afford to pay on an hourly basis.