Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken assists his 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 discriminating against their disability claims.

What is a VA disability?

The amount of monthly monetary compensation given to palmer veterans disability lawsuit with service-related disabilities is determined 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 free of tax and provides a basic amount of income to the disabled veteran and his family.

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

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

A majority of the conditions that allow an individual for disability compensation are included in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A skilled lawyer with years of experience can help a client obtain this opinion and provide the evidence required to support the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands disability cases and are conversant with the complexities of VA laws and procedures. Our firm was started by a disabled vet who made fighting for veterans' rights a top priority in his practice after successfully representing himself at an appeal to the Board of St Ann Veterans Disability Lawsuit (Https://Vimeo.Com/709845101) Appeals hearing.

How do I file a claim?

First, veterans need to find the medical evidence that supports their condition. This includes X-rays, doctor's reports or any other documentation related to their health. Giving these records to VA is very important. 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 permits the VA to review your claim before you have all the medical records that you require. This form also protects the date you can start receiving your compensation benefits if you are successful in your case.

When all the data is in after all the information has been received, the VA will schedule an exam for you. This will be dependent on the type and number of disabilities you are claiming. Make sure you take the exam, since If you don't, it could delay your claim.

After the examinations are completed Once the examinations are complete, the VA will examine the evidence and then send you a confirmation packet. If the VA decides to deny the claim, you have a year to request a higher level review.

A lawyer can assist you at this point. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a an enormous benefit to those who seek disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a very frustrating experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement you must inform the VA the reasons you don't agree with their decision. You don't need to list all the reasons but you should list everything that you disagree on.

It's also important to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. Most of the time there are gaps or incomplete records. In some cases this could lead to an error in the rating decision.

When you file your NOD, it will be asked if you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.

You can request a private hearing with a senior rating expert via an DRO review. The DRO will review your claim "de de novo", meaning that they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process, and it could take up to three years for a new decision.

How much does an attorney charge?

A lawyer can charge a fee to assist appeal an VA decision regarding an appeal for disability. The current law does not permit lawyers to charge fees for initial assistance in a claim. The fee is only due if the lawyer is successful in your case or increases your benefits through an appeal. Typically the fees will be paid directly from any lump-sum payments you receive from the VA.

Veterans can look through the VA's database of accredited attorneys or claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a variety of matters including pension and disability compensation claims.

Most veterans' disability advocates work on a contingency basis. They only get paid when they are successful in defending their client's case, and also receive back pay from VA. The amount of backpay awarded can vary but can be as high as 20 percent of the claimant's past-due benefits.

In rare cases lawyers or agents could decide to charge an hourly rate. However, this is uncommon due to two reasons. These issues can take a long time to be resolved. Second, many veterans and their families don't afford an hourly rate.