Veterans Disability Litigation

Ken advises veterans of the military to help them get the disability compensation they deserve. 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, disproportionately refusing their disability claims.

What is an VA disability?

The disability rating determines the amount of monthly payments to Clinton Veterans Disability Law Firm who have disabilities that are related to service. This rating is based upon the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The amount is devoid of tax and provides a basic income to the disabled veteran and his family.

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

In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credits to increase their disability or retirement benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists a variety of conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require the opinion of an expert. An experienced veteran lawyer can assist a client to obtain this opinion and provide the evidence required to support the 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 benefits they're entitled to. We have handled thousands of disability cases and are familiar with the complexities of VA regulations and laws. Our firm was created by a disabled veteran who made fighting for veterans' rights a top priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

Veterans must first find the medical evidence of their disability. This includes X-rays, doctor's reports or any other documentation that relate to their medical condition. Giving these records to VA is crucial. 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 to file an intent to file. This is a form that allows the VA to review your claim, even before you have all the medical records required. This form also ensures the date you can start receiving your compensation benefits if you succeed in your claim.

The VA will schedule your examination after all the information is received. It will depend on the type and number of disability you claim. Be sure to take this exam, as should you miss it this could affect your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA denies your claim you have one year from the date of the letter to request a higher-level review.

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

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. The VA has an appeals process for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your notice of disagreement, you have to tell the VA why you are not happy with their decision. You don't need to list all of the reasons but you should list everything you disagree with.

You must also request a C-file, or claims file, to see what evidence the VA used to make their decision. There are often incomplete or missing data. In certain cases this could lead to an error in the rating decision.

When you submit your NOD, you will be asked to select whether you want your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success when the DRO reviews your case than if it's viewed by the BVA.

You can request a personal hearing with a senior rating expert via the process of a DRO review. The DRO will conduct a review of your claim on an "de de novo" basis, meaning they will not give deference to the previous decision. This usually results in a completely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the time taking appeals route and typically takes one to three years to obtain an updated decision.

How much can an attorney charge?

Lawyers can charge a fee for helping you appeal an VA decision regarding the basis of disability. However, the law currently prohibits lawyers from charging fees for assistance when submitting a claim. The fee is only due when the lawyer wins your case or increases your benefits by filing an appeal. Typically these fees are directly derived from any lump-sum payments you get from the VA.

Veterans can use the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These individuals have been approved by the Department of veterans disability attorney Affairs to represent service members, veterans, dependents, or survivors on a range of issues including pension and disability compensation claims.

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

In rare instances, an agent or lawyer might decide to charge an hourly rate. But, this isn't common for two reasons. These matters can take months or even years to be resolved. In addition, the majority of veterans and clinton veterans disability law firm their families can't afford to pay on an hourly basis.