Veterans Disability (P3Terx.Com) Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, disproportionately rejecting their disability claims, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The disability rating determines the amount of monthly payments to veterans with service-connected disabilities. This rating is based on the severity of the injury or illness and can range from 0% to 100 percent in increments of 10% (e.g., 20%, 30% etc). The compensation is not subject to tax and provides a basic income to the disabled veteran and his family.

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

The Social Security Administration also gives veterans special credits they can use to boost their lifetime earnings so that they can qualify for retirement or disability benefits. These additional credits are referred to as "credit for service."

Many of the conditions that can qualify a veteran for disability compensation are listed in the Code of Federal Regulations. However, certain conditions require an expert's opinion. A seasoned veteran attorney can assist a client in obtaining this opinion and provide the evidence needed to support an claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans disability lawsuits with disabilities claims and appeals. We are dedicated to helping our clients receive the disability benefits that they deserve. We have handled thousands of disability cases and are knowledgeable in the complexity of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans' rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

First, veterans must track down the medical evidence that supports their disability. This includes X-rays and doctor's notes, as well any other documentation pertaining to the veteran's condition. The submission of these records to the VA is essential. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to make an intent to file. This form allows the VA to review your claim before you have the proper information and medical records. It also ensures that you have an effective date for receiving compensation if you win your case.

When all the information is received When all the information is submitted, the VA will schedule an examination for you. It will depend on the amount and type of disability you claim. If you fail to attend this test, it could delay the processing of your claim.

After the examinations have been completed, the VA will examine the evidence and send you a decision packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.

At this moment, a lawyer will assist you. VA-accredited lawyers are now involved in the appeals from the start, which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be a source of frustration. The VA provides an appeals procedure to appeal these decisions. The first step is to send the Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice Of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. You don't need to list every reason, but you should mention everything that you disagree on.

It's also crucial to request your C-file (claims file) so you can see the evidence the VA used to make their decision. Sometimes there are no or Veterans Disability insufficient records. This can lead to a mistake in the rating.

When you submit your NOD you must decide whether you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a greater chance of success with the DRO review DRO review than with the BVA.

You can request a private hearing with an expert in senior rating through a DRO review. The DRO will review your claim "de de novo" which means they will not defer to the previous decision. This usually results in a new Rating Decision. You may also opt to have the BVA in Washington review your claim. This is the longest lengthy appeals procedure and typically can take between one and three years to obtain an updated decision.

How much does an attorney charge?

A lawyer can charge a fee if appeal an VA decision regarding an appeal for disability. But, current law prohibits lawyers from charging for initial assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans may find accredited representatives through the VA's searchable database that lists certified attorneys or claims agents. They are vetted by the Department of Veterans Affairs and can represent service members, veterans disability law firm or their dependents in a wide variety of cases such as disability compensation claims and pension claims.

Most disability advocates for veterans work on a contingency. This means that they are only paid if they are successful in winning the client's appeal and are awarded back payments from the VA. The amount of backpay that is awarded can vary but it could be as high as 20 percent of a claimant's past due benefits.

In rare cases, an agent or lawyer may choose to charge an hourly fee. This isn't often the case due to two reasons. First, these situations tend to be time-consuming and Veterans Disability can last for months or even years. In addition, the majority of veterans and their families are unable to afford to pay for these services on an hourly basis.