Veterans Disability Litigation

Ken counsels veterans of the military to help them obtain the disability compensation they deserve. He assists 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 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 port townsend veterans disability attorney with disabilities that are related to service. This rating is based upon the severity of an injury or illness, and can range between 0% and 100% in increments of 10% (e.g. 20% 30, 30 percent, etc.). The amount is devoid of tax and provides a basic income to the disabled veteran and his family.

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

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

A majority of the conditions that qualify veterans for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. An experienced veteran attorney can assist a client in obtaining this opinion, and supply the evidence required to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself at a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an integral part of his practice.

How do I submit a claim?

Veterans must first find the medical evidence of their impairment. This includes X-rays and doctor's reports, as well with any other documentation that is related to the veteran's condition. It is important to provide these records to VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intention to file. This form allows the VA to review your claim before you have all the medical records that you require. It also preserves your date of eligibility for compensation benefits should you prevail in your case.

The VA will schedule your examination after all the required information has been received. The VA will set the date for the examination depending on the number of disabilities and the type you are claiming. In the event that you do not attend this exam, it could delay the processing of your claim.

After the examinations are completed, the VA will examine the evidence and send you a decision-making packet. If the VA decides to deny the claim, you'll have a year to request a more thorough review.

A lawyer can assist you at this point. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a very frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is submitting 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 tell the VA the reason you don't like their decision. It is not necessary to list all of the reasons but you should list everything you disagree with.

You must also request your C-file, or claims file, so that you can see what evidence the VA used to arrive at their decision. Often times there are gaps or insufficient records. This could lead to a mistake in the rating.

If you submit your NOD you must choose whether you want to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a better chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a private hearing with an expert in senior vimeo ratings through an DRO review. The DRO will examine your claim "de novo" this means they will not accept the previous decision. This usually results in an entirely new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the time consuming appeals path and typically can take between one and three years to get a new decision.

How much will a lawyer charge?

A lawyer can charge a fee if appeal an VA decision regarding the basis of disability. However, the law currently prohibits lawyers from charging for assistance when submitting a claim. This is due to the fact that the fee has to be dependent on the lawyer winning your case, or getting your benefits increased by an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database for accredited attorneys or claims representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors on a range of issues including disability compensation and pension claims.

The majority of normal veterans disability lawsuit' disability advocates operate on a contingent 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 backpay given can be different but can be as high as 20 percent of a claimant's past due benefits.

In rare instances lawyers or agents could decide to charge an hourly fee. This is rare for two reasons. First, these situations can be time-consuming and Vimeo can take months or even years. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.