veterans disability law firm Disability Litigation

Ken assists veterans in navigating the system to help them obtain the disability benefits they deserve. He also represents his clients in VA Board of Veterans Appeals Hearings.

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

What is what is VA Disability?

The amount of monetary compensation per month provided to veterans suffering from disabilities resulting from service is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from zero and 100% in increments of 10 percent (e.g. 20% 30 percent, 30 percent, etc.). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.

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

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

A majority of the conditions that allow veterans for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions however require an expert's advice. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the evidence needed to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients obtain the disability benefits they deserve. We have handled a variety of disability cases and we are well-versed with the complexities of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans rights a priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans must first find the medical evidence supporting their disability. This includes X-rays and doctor's reports or any other documentation regarding their medical condition. It is important to provide these records to VA. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).

The next step is a filing of an intent to file. This form allows the VA to begin reviewing your claim even before you have all the medical records you need. It also ensures that you have an date of effective for benefits when you win your case.

The VA will schedule your examination after all the details have been received. This will depend on the type and number of disabilities you are claiming. Attend this exam as missing it could delay the process of your claim.

After the examinations have been completed after which after the examinations are completed, VA will examine the evidence and then send you a decision-making packet. If the VA denies your claim you have one year from the date of the letter to request a higher-level review.

At this moment, a lawyer will assist you. Lawyers who are accredited by VA can now be involved in the appeals from the start, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be a source of frustration. The VA offers an appeals procedure to appeal these decisions. The first step is to send 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 need to list all the reasons however, you must mention everything that you disagree on.

You should also request your C file or claims file to see what evidence the VA used to reach their decision. In many cases there are no or insufficient records. This can lead to a mistake in the rating.

If you submit your NOD you must choose whether you would like to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you will be more likely to have success with the DRO review DRO review than with the BVA.

If you are subject to an DRO review you have the option of asking for a personal hearing before a senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de de novo" basis, which means they do not give deference to the previous decision. This usually results in the issue of a new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest taking appeals route and typically takes between one and three years to get an updated decision.

What is the average cost a lawyer can charge?

A lawyer could charge a fee to assist you appeal a VA disability decision. The law currently does not allow lawyers to charge fees for initial assistance in a claim. This is because the fee is contingent upon the lawyer winning your case or getting your benefits increased through an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans can find accredited representatives via the VA's searchable database that lists accredited attorneys or claims representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members or their dependents in a range of issues including pension and disability compensation claims.

Most veterans' disability advocates are paid on a contingent basis. They only receive compensation when they prevail in their client's appeal and they receive back pay from VA. The amount of backpay given can be different but can be as high as 20 percent of the claimant's past due benefits.

In rare cases attorneys or agents may decide to charge an an hourly basis. This isn't often the case due to two reasons. These issues can take months or years to resolve. Additionally, many veterans and their families cannot afford to pay an hourly fee.