Veterans Disability Litigation

Ken counsels veterans of the military to assist them in getting 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 a long time by discriminating against their disability claims according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

The disability rating determines the amount of monthly payments to veterans who have service-connected disabilities. The rating is based on the severity of an illness or injury and may range between zero and 100% in increments of 10% (e.g. 20% 30, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their families.

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

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

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. However, some of these conditions require an expert's opinion. An experienced lawyer can assist clients in obtaining this opinion and provide the evidence needed to prove the claim for disability benefits.

Sullivan & Kehoe has extensive experience representing ralston veterans disability lawsuit in appeals and claims for disability. We are dedicated to ensuring that our clients obtain the disability benefits that they are entitled to. We have handled thousands disability cases and are conversant with the complexities of VA rules and regulations. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.

How do I file a claim?

First, veterans need to locate the medical evidence supporting their condition. This includes any X-rays, doctor's reports, or other documents related to their medical condition. Making these records available to the VA is crucial. If a veteran doesn't have these documents, they should 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 form lets the VA examine your claim even before you have the proper information and medical records. This form also ensures the effective date of your compensation benefits in the event that you are successful in your case.

The VA will schedule your exam after all the information has been received. This will be dependent on the quantity and type of disability you claim. If you fail to attend this test, it could delay the processing of your claim.

The VA will send you a decision-making package after the examinations are completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.

At this point, a lawyer can help you. Accredited lawyers from VA can be involved in the appeals right from the beginning, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a difficult experience. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't need to list every reason, but you must mention all the aspects you disagree with.

It is also essential to request your C-file (claims file) to see the evidence the VA used in making their decision. There are often documents that are not complete or have been deleted. In some instances, this can lead to an error in the rating decision.

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

With the DRO review, you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will examine your claim "de novo" which means that they will not be influenced by the previous decision. This usually results in the issue of a new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest appeals procedure and can take up to three years before you receive an appeal to be heard.

How much does a lawyer charge?

A lawyer can charge a fee to help you appeal an VA disability decision. However, current law prevents lawyers from charging for initial assistance with a claim. This is due to the fact that the fee is dependent on the lawyer winning your case or getting your benefits increased by an appeal. Typically these fees are directly derived from the lump-sum payments that you receive from the VA.

Veterans may be able find accredited representatives through the VA's searchable database of accredited attorneys or claims representatives. They are vetted by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide range of matters, including disability compensation claims and pension claims.

Most disability advocates for veterans are paid on a contingent basis. They only receive compensation when they are successful in defending their client's case, and also receive back pay from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total past due benefit.

In rare cases attorneys or agents may choose to charge on the hourly basis. This is not common for two reasons. First, these cases are often time consuming and can take months or even years. The second reason is that many veterans and their families are unable to afford to pay an hourly rate.