Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability benefits they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The disability rating determines the amount of compensation per month paid to veterans with service-related disabilities. The rating is based on the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation such as the individual unemployed, the automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits 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 boost their disability or retirement benefits. These credits are also referred to as "credit for service."

Many of the conditions that qualify an individual for disability compensation are mentioned in the Code of Federal Regulations. However, certain conditions require an expert's opinion. A seasoned lawyer with experience can assist clients in obtaining this opinion and provide the evidence needed to prove a claim for disability compensation.

Sullivan & Kehoe is experienced in representing schertz veterans disability attorney with disabilities claims and appeals. We are committed to helping our clients get the disability benefits they deserve. We have handled thousands of disability cases and are knowledgeable in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights an integral part of his practice.

How do I claim a benefit?

Warren Veterans Disability Lawsuit must first find the medical evidence of their disability. This includes X-rays, doctor's notes or other evidence relevant to their medical condition. It is crucial to provide these records to VA. If a veteran doesn't 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 form lets the VA to review your claim before you have the proper information and medical records. It also preserves your effective date for compensation benefits when you win your case.

The VA will schedule your appointment once all of the information is received. This will be dependent on the amount and type of disabilities you are claiming. Don't miss this exam because it could delay the process of submitting your claim.

The VA will send you a decision package after the examinations are completed. 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 point, a lawyer can help you. VA-accredited lawyers can now be involved in the appeals from the start, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be frustrating. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office that sent you the Rating decision. In your Notice Of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. You don't have to list all of the reasons but you should include everything that you disagree on.

You must also request a C-file, or claims file, so that you can see the evidence that the VA used to reach their decision. There are usually insufficient or missing records. This could lead to an error in the rating.

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

You can request a personal hearing with a senior rating expert through an DRO review. The DRO will review your claim "de de novo" this means they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the most lengthy appeals process and can take up to three years to reach an appeal to be heard.

How much does a lawyer charge?

A lawyer could charge a fee for assisting you appeal a VA disability decision. However, current law prohibits lawyers from charging for assistance in the case. The fee is only payable if the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans can use the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans or their dependents in a variety of matters including disability compensation and pension claims.

The majority of veterans' disability advocates are paid on the basis of a contingent. They only get paid when they are successful in defending their client's case, and also receive back pay from VA. The amount of back pay granted varies, but could be as much as 20 percent of the claimant's total past-due benefit award.

In rare instances an attorney or agent may decide to charge on an the hourly basis. This is uncommon due to two reasons. First, these matters are often time consuming and can take months or even years. Additionally, many hammond veterans disability attorney and their families are unable to afford an hourly rate.