Veterans Disability Litigation

Ken helps veterans obtain 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 years by generally denying 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 compensation paid to poughkeepsie veterans disability attorney with service-connected disabilities. The rating is based on the severity of the illness or injury and can range from 0% up to 100 percent in increments of 10% (e.g., 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 offers additional compensation through other programs, like individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These are in addition to the standard disability compensation.

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

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. Some of these conditions, however require an expert's opinion. An experienced lawyer can assist clients in obtaining this opinion and provide the proof needed to prove an application for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients receive the benefits they're entitled to. We have handled thousands of disabilities cases and are skilled in the complex 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 byron Veterans Disability Lawsuit Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.

How do I make a claim?

Veterans need to first collect the medical evidence that proves their disability. This could include X-rays, doctor's reports, as well in any other documentation related to the veteran's condition. The submission of these records to the VA is crucial. If a veteran doesn't have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to make an intent to file. This form lets the VA review 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 you have a successful case.

Once all the information is submitted when all the information is in, the VA will schedule an appointment for you. The VA will set the date for the examination depending on the amount of disabilities you have and the type you claim. If you fail to attend this test, it could delay the processing of your claim.

After the examinations are completed after which the VA will examine the evidence and give you a confirmation packet. If the VA refuses to accept the claim you'll have a year to request a more thorough review.

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

How do I appeal a denial?

Denial of disability benefits to veterans can be frustrating. The VA provides an appeals procedure to appeal these decisions. The first step is to send a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement you should tell the VA why you disagree with their decision. You don't need to list all of the reasons however, you must mention everything that you disagree on.

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

After you have submitted your NOD, you will be asked to decide if you want your case to be reviewed 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 than if it's viewed by the BVA.

You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will examine your claim "de de novo" which means that they will not accept the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the longest appeals procedure and can take up to three years for a new decision.

What is the average amount an attorney can charge?

A lawyer may charge a fee for assisting you appeal a VA disability decision. However, the law currently prohibits lawyers from charging fees for assistance when submitting a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case or getting your benefits increased through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans may identify accredited representatives by using the VA's searchable database for accredited attorneys or claims representatives. These representatives are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a broad variety of cases, including pension claims and disability compensation claims.

The majority of veterans' disability advocates are paid on a contingent basis. This means that they are only paid if they are successful in winning the client's appeal and are awarded back payment from the VA. The amount of backpay that is paid can vary however it could be as high as 20 percent of the claimant's past-due benefits.

In rare cases, an agent or lawyer might choose to charge an hourly fee. This is uncommon due to two reasons. First, these matters are often time consuming and can last for months or even years. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.