Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken also represents 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 disproportionately denying their disability claims.

What is an VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans with service-connected disabilities. The 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 percent, 30%, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.

VA offers additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization, car allowances, and hospitalization allowances. These are in addition to the basic disability compensation.

The Social Security Administration also gives leesburg veterans disability Lawsuit special credit that they can use to increase their earnings over time to qualify for retirement or disability benefits. These extra credits are referred to as "credit for service."

A majority of the conditions that make disabled veterans for disability benefits are listed in the Code of Federal Regulations. However, a few of these conditions require an expert opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the evidence required to support an application for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they deserve. We have handled hundreds of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans' rights a priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I make a claim?

Veterans need to first collect the medical evidence supporting their disability. This could include X-rays, doctor's reports as well as any other documentation related to the condition of the veteran. It is crucial to provide these records to VA. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intent to file. This is a form that allows the VA to review your claim even before you have all the medical records you need. It also keeps your effective date for receiving compensation should you prevail in your case.

When all the data is received after all the information has been received, the VA will arrange an examination for you. The VA will schedule an exam depending on the number of disabilities and the type you are claiming. If you fail to attend this test, it could delay the processing of your claim.

The VA will provide you with a decision package after the tests have been completed. If the VA decides to deny the claim, you'll have one year to request a higher level review.

At this stage, a lawyer is able to help you. VA-accredited lawyers are now involved in the appeals from the start, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you have to explain to the VA why you are not happy with their decision. You don't have to give every reason, but you should be clear about the issues you don't agree with.

It's also important to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. This could lead to an error in the rating.

When you file your NOD, the applicant will be asked to choose whether you would like your case reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success when the DRO examines your case than when it's reviewed by the BVA.

You can request a private hearing with a senior rating expert via a DRO review. The DRO will conduct a review of your claim on the basis of a "de novo" basis, which means that they do not give deference to the previous decision. This usually results in a new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the most time taking appeals route and typically can take between one and three years to obtain a new castle veterans disability lawyer decision.

How much does an attorney charge?

A lawyer may charge a fee to assist you appeal the VA decision regarding the basis of disability. However, current law prevents lawyers from charging fees for assistance with a claim. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. Typically the fees will be paid out of any lump-sum payments you get from the VA.

Veterans can locate accredited representatives using the VA's searchable database for accredited attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a wide range of issues including pension and disability compensation claims.

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

In rare instances lawyers or agents might decide to charge an hourly fee. This is rare for two reasons. These issues can take months or years to be resolved. The second reason is that most veterans and their families cannot afford to pay on an hourly basis.