Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they deserve. Ken also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by generally denying their disability claims in a 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 compensation per month paid to worland veterans disability lawyer with service-related disabilities. The rating is based on the severity of an illness or injury and can range from zero and 100% in increments of 10% (e.g. 20 percent, 30 percent, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their families.

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

The Social Security Administration also gives veterans special credits they can use to increase their earnings over time to be eligible for disability or retirement benefits. These extra credits are called "credit for service."

Many of the conditions that can qualify a veteran for disability compensation are included in the Code of Federal Regulations. Some of these conditions, however, require an expert's opinion. A seasoned veteran attorney can assist a client in obtaining this opinion, and provide the evidence required to prove a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled hundreds of disability cases and are proficient in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself in a Board of vadnais heights Veterans disability law firm Appeals Hearing, made veterans' rights an important aspect of his work.

How do I submit a claim?

First, veterans need to find the medical evidence to prove their disability. This could include X-rays, doctor's reports, as well any other documentation pertaining to the veteran's condition. It is crucial to provide these records to VA. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).

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

The VA will schedule your exam after all the details have been received. The VA will schedule an examination based on the severity of your disability and the type you claim. Make sure you take the exam, since If you don't, it could delay your claim.

Once the tests are complete after which after the examinations are completed, VA will examine the evidence and give you a confirmation packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.

At this moment, a lawyer could 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 veterans disability benefits can be a frustrating experience. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement you should state to the VA why you are not happy with their decision. You don't have to give every reason, but you must mention all the aspects you disagree with.

You should also request your C-file, or claims file, so that you can see the evidence that the VA used to arrive at their decision. Most of the time there are no or insufficient records. This could lead to an error in the rating.

When you submit your NOD you will need to decide if you would like to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a better chance of success with a DRO review than with the BVA.

If you are subject to a DRO review, you have the option of requesting an individual hearing with an experienced senior rating specialist. The DRO will examine your claim "de de novo" this means they will not be influenced by the previous decision. This usually results in a completely new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the longest appeals process, and it could take up to three years before you receive a new decision.

How much does an attorney charge?

Lawyers may charge a fee for assisting you appeal a VA disability decision. But, current law prohibits lawyers from charging fees to assist with a claim. The fee is only due if the lawyer is successful in your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans can identify accredited representatives by using the VA's searchable database for accredited attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a variety of matters including disability compensation and pension claims.

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

In rare instances an attorney or agent might decide to charge on an the hourly basis. But, this isn't common for two reasons. These matters can take a long time to resolve. Second, most veterans and their families can't afford to pay for these services on an hourly basis.