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Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability benefits they deserve. Ken assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way, according to a lawsuit filed this week by Yale Law School’s bella vista veterans disability attorney Legal Services Clinic.

What is an VA disability?

The amount of monthly monetary compensation that veterans receive for service connected disabilities is based on their disability rating. This rating is based on the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The amount is devoid of tax and provides a minimum income to the disabled veteran and his family.

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

In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credits to increase their disability or retirement benefits. These extra credits are referred to as “credit for service.”

Code of Federal Regulations lists a variety of conditions that allow veterans to be eligible for disability compensation. However, some of these conditions require an expert’s advice. An experienced lawyer can assist a client obtain an opinion, and also provide the necessary evidence to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients obtain the disability benefits they deserve. We have handled hundreds of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled vet who after securing his own representation in a Board of Veterans Appeals Hearing and vimeo making veterans’ rights a priority for his practice.

How do I make a claim?

First, veterans need to locate the medical evidence supporting their condition. This includes any X-rays, doctor’s reports or any other documentation related to their condition. Providing these records to the VA is essential. If a veteran does not have these documents, the VA should be notified by the applicant (or their VSO).

The next step is the filing of an intent to file. This is a form that permits the VA to begin reviewing your claim before you have all the information and medical records required. It also keeps your date of effective for benefits if you win your case.

When all the information is in when all the information is in, the VA will arrange an examination for you. This will depend on the quantity and type of disabilities you are claiming. Make sure you attend the exam, since If you don’t and fail to take it, it could hinder your claim.

After the examinations are completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and give you a decision-making packet. If the VA denies your claim you have a year from the date of the letter to request a more thorough review.

A lawyer can assist you in this situation. Accredited lawyers from VA can be involved in appeals from the beginning which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a frustrating experience. Fortunately the VA has an appeals process 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 Disparage, you must inform the VA why you disagree with their decision. It is not necessary to list all of the reasons however, you must mention everything that you disagree on.

You should also request your C-file or claims file to determine what evidence the VA used to arrive at their decision. There are often incomplete or missing records. In some instances, this can lead to an error in the rating decision.

When you submit your NOD, you’ll be asked if you would like your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general, you’ll be more likely to have success when you opt for a DRO review than with the BVA.

You can request a private hearing with a senior rating expert through a DRO review. The DRO will review your claim “de de novo” which means that they will not accept the previous decision. This usually results in a completely new Rating Decision. You can also have the BVA in Washington review your claim. This is the most time consuming appeals path and typically takes one to three years to get a new decision.

What is the average amount an attorney can charge?

A lawyer may charge a fee for helping you appeal the VA decision on an appeal for disability. The law as it stands today does not permit lawyers to charge for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically the fees will be directly derived from the lump-sum payments that you receive from the VA.

centerville veterans disability lawyer can locate accredited representatives using the VA’s searchable database of licensed attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide range of matters including pension claims and disability compensation claims.

Most disability advocates for veterans are paid on a contingency basis. This means that they will only be 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 granted can differ but can be as high as 20 percent of a claimant’s past due benefits.

In rare cases, an agent or lawyer might choose to charge an hourly fee. This is not common for two reasons. These issues can take months or even years to resolve. Additionally, many veterans and their families cannot afford to pay for these services on an hourly basis.