Veterans Disability Litigation

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

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

What is a VA Disability?

The disability rating determines the amount of monthly payments to veterans with service-related disabilities. This rating is based upon the severity of the injury or illness and can range from 0% and 100% in increments of 10 percent (e.g. 20%, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their families.

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

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

Many of the conditions that qualify disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. However, a few of these conditions require an expert's advice. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the evidence required to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to helping our clients receive the disability benefits that they are entitled to. We have handled a variety of disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was created by a disabled veteran who made fighting for veterans' rights a priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans need to first collect the medical evidence to prove their disability. This includes X-rays and doctor's reports, or other documents that relate to their medical condition. It is vital to provide these documents to the VA. If a veteran doesn't have these documents, they must 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 form allows the VA review your claim even before you have the needed information and medical records. It also protects your effective date for receiving compensation if you win your case.

When all the data is provided after all the information has been received, the VA will schedule an exam for you. This will be dependent on the quantity and type of disability you claim. Be sure to take the exam, since in the event you fail to take it and fail to take it, it could hinder your claim.

After the examinations are completed, the VA will examine the evidence and give you a decision-making packet. If the VA decides to deny the claim, you'll have one year to request a more thorough review.

A lawyer can help you at this point. VA-accredited lawyers are now involved in the appeals from the start, which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a frustrating experience. Fortunately that the VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA why you were dissatisfied with their decision. You don't have to give every reason, but you must list all the points you don't agree with.

It's also crucial to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. There are usually insufficient or missing records. In certain cases, this can lead to an error in the rating decision.

When you file your NOD, you will need to decide if you want to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a better chance of success when you opt for a DRO review than with the BVA.

When you request an DRO review, you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will conduct the review of your claim on the basis of a "de novo" basis, meaning they do not give deference to the previous decision. This typically results in a new Rating Decision. You can also have the BVA in Washington examine your claim. This is the most lengthy appeals process and it can take up to three years before you receive an update on the decision.

How much does an attorney charge?

A lawyer may charge a fee for helping you appeal the VA decision on a disability claim. The law as it stands today does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable when the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

boise city veterans disability attorney are able to search the database of accredited attorneys or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent ponchatoula veterans disability law firm, service members or dependents in a vast range of matters, including disability compensation claims and pension claims.

Most disability advocates for flint veterans disability Attorney are paid on an hourly basis. They only receive compensation when they prevail in their client's appeal and they receive back pay from VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's total past-due benefit award.

In rare instances an attorney or agent might decide to charge an hourly rate. However, this is uncommon due to two reasons. First, these issues tend to 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.