Veterans Disability Litigation

Ken advises veterans of the military to help them obtain the disability compensation they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The disability rating determines the amount of monthly compensation that is paid to freeport veterans disability attorney with disabilities that are related to service. This rating is based upon the severity of an injury or illness and may range between zero and 100% in increments of 10 percent (e.g. 20% 30 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their families.

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

The Social Security Administration also gives veterans special credit that they can use to increase their lifetime earnings to be eligible for disability or retirement benefits. These additional credits are referred to as "credit for service."

Many of the conditions that can qualify a veteran for disability compensation are listed in the Code of Federal Regulations. Some of these conditions, however, require an expert's opinion. A veteran lawyer with experience can help a customer obtain this opinion and provide the necessary evidence to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience representing oradell veterans Disability Attorney in disability claims and appeals. We are committed to ensuring that our clients receive the disability benefits they are entitled to. We have handled thousands disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for veterans' rights a key part of his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I file a claim?

Veterans must first find the medical evidence supporting their impairment. This includes X-rays or doctor's reports, as in any other documentation related to the veteran's condition. The submission of these records to the VA is very important. If a veteran doesn't have these documents then the VA should be notified by the applicant (or their VSO).

The next step is to submit an intent to file. This is a form that permits the VA to review your claim, even before you have all the information and medical records you require. This form also preserves the effective date of your compensation benefits in the event you succeed in your claim.

When all the data is received When all the information is submitted, the VA will schedule an exam for you. The VA will schedule an examination based on the number of disabilities as well as the type of disability you're claiming. Make sure you attend the exam, since If you don't the exam could delay your claim.

The VA will provide you with a decision package after the examinations are completed. If the VA decides to deny the claim, you have a year to request a more extensive review.

A lawyer can assist you in this situation. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a huge benefit to those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans is a frustrating experience. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement you should state to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you should list all the points you don't agree with.

You should also request your C file, or claims file, so that you can determine what evidence the VA used to make their decision. There are often insufficient or missing records. This can lead to a mistake in the rating.

If you submit your NOD you must decide whether you prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a higher chance of success when you opt for a DRO review than with the BVA.

You can request a personal hearing with a senior rating expert via the process of a DRO review. The DRO will review your claim "de novo" this means they will not accept the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the time lengthy appeals procedure and typically can take between one and three years to receive a new decision.

How much does an attorney charge?

A lawyer can charge a fee to help you appeal a VA disability decision. The law as it stands today does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable if the lawyer wins your case or increases your benefits by filing an appeal. Typically, these fees will be paid out of any lump-sum payments you receive from the VA.

Veterans can look through the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a vast spectrum of cases including disability compensation claims and pension claims.

Most veterans' disability advocates are paid on a contingency basis. They only get paid when they are successful in defending their client's case, and they receive back pay from VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's past-due benefit award.

In rare instances an attorney or agent may choose to charge on per hour basis. But, this isn't common for two reasons. These issues can take a long time to resolve. Additionally, many veterans and their families cannot afford to pay an hourly rate.