Veterans Disability Litigation

Ken counsels veterans of the military to help them obtain the disability compensation they deserve. Ken also represents his clients in 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 what is VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have disabilities that are related to service. This rating is based on the severity of the injury or illness and can vary from 0% to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their families.

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

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

Many of the conditions that can qualify a veteran for disability compensation are described in the Code of Federal Regulations. Certain of these conditions, however require an expert's opinion. An experienced lawyer can assist a client obtain this opinion and provide the evidence needed to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience representing lyndhurst veterans disability lawyer in disability 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 proficient in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who after securing his own representation in a Board of Veterans Appeals Hearing in 1996, decided to make corte madera veterans disability law firm' rights an integral part of his practice.

How do I submit a claim?

Veterans need to first collect the medical evidence of their disability. This could include X-rays, doctor's reports, as well in any other documentation related to the condition of the veteran. Providing these records to the VA is essential. If a veteran doesn't have these documents, the VA must be informed by the claimant (or their VSO).

The next step is to make an intent to file. This form allows the VA to review your claim, even before you have all the information and medical records you require. It also ensures that you have an date of effective for benefits should you prevail in your case.

The VA will schedule your examination after all the required information has been received. The VA will schedule the exam in accordance with the number of disabilities and the type of disability you claim. Don't miss this exam because it could delay the processing of your claim.

The VA will send you a decision package when the examinations have been completed. If the VA refuses to accept the claim you have a year to request a higher level review.

At this stage, a lawyer is able to help you. Lawyers who are accredited by VA can now be 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?

A denial of veterans disability benefits can be a frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to submit an Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice Of Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to give 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 determine the evidence that the VA used to reach their decision. Sometimes there are no or insufficient records. In some instances, this can lead to an error in the rating decision.

When you file your NOD, the applicant will be asked to decide if you would like your case reviewed by an Board of Veterans Appeals or a Decision Review officer. In general, you will have a greater chance of success with a DRO review than with the BVA.

In the event of an DRO review you can request a personal hearing before an experienced senior rating specialist. The DRO will examine your claim "de de novo" which means that they will not rely on the previous decision. This usually results in a completely new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the longest appeals procedure and can take approximately three years to get an update on the decision.

What is the cost an attorney could charge?

A lawyer can charge a fee if appeal an VA decision regarding an appeal for disability. However, current law prohibits lawyers from charging for initial assistance in the case. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. Typically these fees are paid directly from any lump-sum payment you receive from the VA.

Veterans are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a range of issues including pension and disability compensation claims.

Most disability advocates for veterans are paid on a contingent basis. They only get paid when they succeed in winning their client's appeal and they also receive back pay from VA. The amount of backpay awarded can vary, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare instances, an agent or lawyer may choose to charge an hourly rate. This is rare for two reasons. First, these situations are usually time-consuming and can last for months or even years. In addition, the majority of veterans and their families are unable to afford to pay for these services on an hourly basis.