Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they deserve. He also represents clients at 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 a VA Disability?

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

VA offers additional compensation through other programs, such as individual unemployment, clothing allowances, hospitalization and prestabilization, car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

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

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

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who, after successfully representing himself in an appeals hearing before the Board of Veterans Appeals Hearing and making galion veterans disability law firm' rights an important aspect of his work.

How do I make a claim?

The first step is to look up the medical evidence for ferndale veterans disability lawyer their disability. This includes X-rays, doctor's reports or other documentation relevant to their health. It is important to provide these documents to the VA. If a veteran does not have these documents then the VA should be notified by the applicant (or their VSO).

The next step is to fill out an intent to file. This form allows the VA to begin reviewing your claim even before you have all the information and medical records required. It also preserves your effective date for receiving compensation in the event that you win your case.

The VA will schedule your exam after all the information is received. The VA will schedule an exam based on the severity of your disability and the type you claim. Don't miss this exam because it could delay the process of your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.

At this point, a lawyer can help you. Accredited lawyers from VA can be involved in the appeals from the beginning 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 is a frustrating experience. Fortunately that the VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your notice of disagreement, [Redirect-302] you must inform the VA the reasons you don't agree with their decision. It is not necessary to list all the reasons however, you must mention everything you disagree with.

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

If you file your NOD, the applicant will be asked if you want 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 a DRO review than with the BVA.

When you request the DRO review you have the option of asking for an individual hearing with a senior rating specialist. The DRO will examine your claim "de novo" this means they will not defer to the previous decision. This usually results in a totally new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the most time taking appeals route and typically takes one to three years to obtain an updated decision.

How much will a lawyer charge?

A lawyer can charge a fee to assist you appeal an VA disability decision. The current law does not allow lawyers to charge for assistance with a claim in the beginning. The fee is only payable if the lawyer wins your case or increases your benefits by filing an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans can use the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad spectrum of cases that include pension claims and disability compensation claims.

The majority of veterans' disability advocates work on a contingency basis. They only receive compensation when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total past due benefit award.

In rare cases, an agent or attorney might decide to charge on an the basis of an hourly rate. This is not common due to two reasons. These issues can take a long time to resolve. Additionally, many veterans and their families are unable to afford to pay on an hourly basis.