Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. He also represents clients at 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 denial of their disability claims.

What is an VA disability?

The amount of monthly monetary compensation provided to veterans suffering from disabilities resulting from service is based on their disability rating. The rating is determined by the severity of the illness or injury and can range from 0% to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their families.

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

In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credit to boost their earnings over the course of their lives for Vimeo.Com disability or retirement benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. Some of these conditions, however require the opinion of an expert. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the proof needed to support the claim for disability benefits.

Sullivan & Kehoe is experienced in representing disabled dunmore veterans disability attorney claims and appeals. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled thousands of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans' rights a key part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

The first step is to track down the medical evidence that supports their disability. This includes Xrays, doctor's reports or any other documentation regarding their health. It is essential to submit these documents to the 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 permits the VA to begin reviewing your claim, even before you have all the information and medical records you need. This form also ensures the date of effective compensation benefits if you have a successful case.

Once all the information is in when all the information is in, the VA will arrange an examination for you. The VA will schedule the exam according to the amount of disabilities you have and the type you claim. Make sure you attend this exam, as If you don't this could affect your claim.

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

A lawyer can help you at this point. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a a huge benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a frustrating experience. Fortunately 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, which will then send you the decision on Rating. In your Notice Of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't have to list all the reasons, but you should mention everything that you disagree on.

You should also request your C file or claims file so that you can see the evidence that the VA used to reach their decision. In many cases, there are missing or incomplete records. This could lead to an error in the rating.

If you file your NOD, you'll be asked to select whether you would like your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll be more likely to have success with the DRO review DRO review than with the BVA.

You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will examine your claim "de de novo", meaning that they will not rely on the previous decision. This typically results in the issue of a new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the time taking appeals route and typically takes one to three years for a new decision.

How much does a lawyer charge?

A lawyer may charge a fee to help appeal the VA decision on the basis of disability. The law currently does not allow lawyers to charge for initial assistance in a claim. This is because the fee is contingent on the lawyer winning your case or getting your benefits increased by an appeal. Typically the fees will be directly derived from any lump-sum payments you receive from the VA.

Veterans may be able to identify accredited representatives by using the VA's searchable database of licensed attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide range of issues including pension and disability compensation claims.

The majority of veterans' disability advocates are paid on the basis of a contingent. This means that they will only be paid if they win the client's appeal and are awarded back payments from the VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's total past-due benefit amount.

In rare instances an attorney or agent may choose to charge an hourly fee. This is uncommon due to two reasons. These matters could take months or even years to be resolved. In addition, many veterans and their families can't afford to pay an hourly fee.