Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability compensation they are entitled to. He also represents his clients at VA Board of Douglasville Veterans Disability Lawsuit Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, disproportionately rejecting their disability claims as per 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 monthly payments to veterans with service-connected disabilities. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is free of tax and provides a basic income to the disabled veteran and his family.

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

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

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. However, a few of these circumstances require an expert's opinion. A veteran lawyer with experience can assist a client obtain this opinion, and provide the evidence required to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to ensuring that our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are conversant with the complexities of VA regulations and laws. Our firm was founded in 1996 by a disabled veteran who after securing his own representation in a Board of Veterans Appeals Hearing in 1996, decided to make munster veterans disability lawsuit' rights a priority for his practice.

How do I submit a claim?

Veterans need to first collect the medical evidence supporting their impairment. This includes X-rays and doctor's notes, as well in any other documentation related to the condition of the veteran. It is essential to submit these records to VA. If a veteran doesn't have these documents then the VA must be informed by the claimant (or their VSO).

The next step is to fill out an intent to file. This is a form that allows the VA to begin reviewing your claim even before you have all the information and medical records you need. This form also preserves the date of effective compensation benefits if you are successful in your case.

The VA will schedule your exam when all information is received. The VA will schedule an exam according to the number of disabilities and the type of disability you're claiming. If you fail to attend this test, it could delay the process of your claim.

The VA will send you a decision package when the examinations have been completed. If the VA denies your claim, you have a year from the date of the letter to request a higher-level review.

At this moment, a lawyer could help you. VA-accredited lawyers can now be involved in appeals right from the beginning, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a difficult experience. The VA has an appeals process to appeal these decisions. The first step is to send the Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement, you have to explain to the VA why you disagreed with their decision. You don't need to list every reason but you should include all the points you disagree with.

It's also crucial to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. This could lead to an error in the rating.

When you submit your NOD, you'll 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 more of a chance of success when the DRO examines your case than if it's viewed by the BVA.

When you request a DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will examine your claim "de novo", meaning that they will not rely on the previous decision. This usually will result in a brand new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the time consuming appeals path and typically takes one to three years for a new decision.

How much will a lawyer charge?

A lawyer may charge a fee for helping you appeal the VA decision on a disability claim. However, the law currently prohibits lawyers from charging for assistance with a claim. The fee is only due when the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be paid directly out of any lump-sum payment you receive from the VA.

Veterans can search the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a broad variety of cases that include pension claims, disability compensation and claims.

Most disability advocates for veterans are paid on a contingent basis. This means that they are only paid if they succeed in winning the client's appeal and are awarded back pay from the VA. The amount of backpay granted can differ, but it can be as high as 20 percent of a claimant's past due benefits.

In rare cases, an agent or lawyer might decide to charge an hourly rate. But, this isn't common for two reasons. These matters can take a long time to be resolved. Additionally, many veterans and their families cannot afford to pay on an hourly basis.