Veterans Disability Litigation

Ken assists veterans in navigating the system to help them get the disability benefits they deserve. He also represents his clients in 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, disproportionately refusing their disability claims.

What is what is VA disability?

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

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

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

Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. However, a few of these conditions require an expert's advice. An experienced veteran lawyer can assist a client in obtaining this opinion and present the evidence required to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled calipatria veterans disability attorney claims and appeals. We are dedicated to assisting our clients receive the benefits they're entitled to. We have handled a variety of disability cases and are conversant with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in a Board of Veterans Appeals Hearing, made veterans' rights an integral part of his practice.

How do I make a claim?

First, veterans need to look up the medical evidence for their disability. This includes Xrays, doctor's reports, or other documents regarding their medical condition. It is crucial to provide these records to VA. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

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

The VA will schedule your exam when all information has been received. This will depend on the quantity and type of disabilities you are claiming. Make sure you take the exam, since If you don't this could affect your claim.

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

At this stage, a lawyer is able to assist you. Attorneys accredited by VA can be involved in the appeals process from the beginning, Veterans Disability which is hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans is a frustrating experience. The VA has an appeals process for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA why you are not happy with their decision. You don't need to list every reason however, you must mention everything you disagree with.

It is also essential to request your C-file (claims file) so that you can view the evidence the VA used to make their decision. There are often incomplete or missing data. In certain cases this could lead to an error in the rating decision.

When you file your NOD, the applicant will be asked to choose whether you would like your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success with the DRO review DRO review than with the BVA.

With a DRO review, you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will conduct the review of your claim on a "de novo" basis, meaning they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. You can also have the BVA in Washington examine your claim. This is the most time lengthy appeals procedure and typically takes one to three years to receive an updated decision.

How much can an attorney charge?

Lawyers can charge a fee to help you appeal a VA decision on an appeal for disability. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. 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. Typically the fees are paid directly out of any lump-sum payments you receive from the VA.

Veterans may be able find accredited representatives through the VA's searchable database of accredited attorneys or claims representatives. These individuals have been approved 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 disability advocates for veterans are paid on a contingency basis. They only receive compensation when they are successful in defending their client's case, and they also receive back pay from VA. The amount of back pay granted varies, but could be as high as 20 percent of the claimant's total past due benefits.

In rare cases an attorney or agent may decide to charge an an hourly basis. But, this isn't common due to two reasons. These matters can take months or even years to be resolved. In addition, the majority of veterans and their families cannot afford to pay on an hourly basis.