Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, generally denying their disability claims in an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The amount of monthly monetary compensation paid to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of an illness or injury and can range from 0% and 100% in increments of 10% (e.g. 20 percent 30 percent, 30%, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their family.

The VA also offers other programs that offer additional compensation such as the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to basic disability compensation.

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

Many of the conditions that make an individual for disability compensation are listed in the Code of Federal Regulations. However, some of these conditions require an expert's advice. An experienced lawyer can assist a client to obtain this opinion and veterans disability attorney provide the evidence needed to support an application for disability compensation.

Sullivan Veterans Disability Lawyer & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled hundreds of disability cases and are well-versed in the complicated nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a priority in his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I submit a claim?

First, veterans must look up the medical evidence supporting their disability. This includes X-rays, doctor's reports or any other documentation regarding their health. The submission of these records to the VA is very important. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).

The next step is to fill out an intent to file. This form permits the VA to begin reviewing your claim even before you have all the medical records that you require. This form also ensures the date you can start receiving your compensation benefits in the event that you succeed in your claim.

The VA will schedule your medical exam when all information is received. This will depend on the amount and type of disability you claim. Be sure to take this exam, as should you miss it, it could delay your claim.

The VA will send you a decision document after the examinations are completed. If the VA refuses to accept the claim you'll have a year to request a higher level review.

A lawyer can be of assistance in this situation. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a very frustrating experience. Fortunately, the VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disparage, you must tell the VA the reason you don't like their decision. It is not necessary to list every reason, but you must mention all the aspects you disagree with.

You should also request your C-file, or claims file, so that you can see what evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. In certain cases this could lead to an error in the rating decision.

If you submit your NOD you must choose whether you would like your case reviewed by a Decision-Review Officer or Vimeo by the Board of Veterans Appeals. In general you'll have more of a chance of success if the DRO reviews your case than when it's reviewed by BVA.

You can request a private hearing with a senior rating expert via an DRO review. The DRO will conduct an investigation of your claim on the basis of a "de de novo" basis, which means that they will not give any deference to the previous decision. This typically results in a new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and it can take up to three years to reach an update on the decision.

How much can an attorney charge?

A lawyer may charge a fee for helping you appeal the VA decision regarding a disability claim. The law currently does not allow lawyers to charge for initial assistance in a claim. This is because the fee must be contingent upon the lawyer winning your case or receiving your benefits increased as a result of an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

Veterans can look through the VA's database of accredited attorneys or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a broad variety of cases including disability compensation claims and pension claims.

The majority of veterans' disability advocates work on a contingency. This means that they will only be paid if they win the appeal of the client and receive back pay from the VA. The amount of backpay that is granted can differ but it could be as high as 20 percent of the claimant's past-due benefits.

In rare instances, an agent or lawyer might decide to charge an hourly fee. However, this is uncommon due to two reasons. These issues can take months or years to resolve. Additionally, many veterans and their families are unable to afford to pay an hourly fee.