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Veterans Disability Litigation

Ken counsels military veterans to assist them in obtaining the disability compensation 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 rejecting their disability claims in adisproportionate way, according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

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

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

The Social Security Administration also gives carrboro veterans disability lawsuit a special credit they can utilize to increase their lifetime earnings and qualify for retirement or disability benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. However, some of these circumstances require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the evidence required to support a claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they deserve. We have handled hundreds of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans rights a major part of his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I submit a claim?

The first step is to look up the medical evidence for their impairment. This includes X-rays or doctor's reports, Vimeo as with any other documentation that is related to the veteran's condition. It is essential to submit these records to VA. If a veteran doesn't have these documents and the VA should be notified by the applicant (or their VSO).

The next step is the filing of an intention to file. This form lets the VA examine your claim even before you have the needed information and medical records. It also protects your date of effective for benefits should you prevail in your case.

Once all the information is received when all the information is in, the VA will schedule an examination for you. The VA will set the date for the examination according to the number of disabilities and the type of disability you claim. Don't miss this exam because it could delay the process of submitting your claim.

The VA will provide you with a decision package once the examinations have been completed. If the VA refuses to accept the claim you'll have a year to request a more thorough review.

At this moment, a lawyer will assist you. VA-accredited lawyers can now be involved in appeals 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 frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disparage, you must tell the VA the reason you don't like their decision. It is not necessary to list all the reasons, but you should mention everything you disagree with.

You must also request your C-file, Vimeo or claims file, to determine what evidence the VA used to arrive at their decision. There are usually insufficient or missing records. This can result in an error in the rating.

When you submit your NOD you must choose whether you would like your case considered by a Decision Review Officer or by the Board of st john veterans disability attorney Appeals. In general, you'll have a better chance of success when the DRO examines your case rather than if it's viewed by the BVA.

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

What is the average cost a lawyer can charge?

A lawyer can charge a fee for helping you appeal an VA disability decision. The law currently does not allow lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee is contingent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

Veterans can search the VA's database of accredited attorneys or claim agents to locate 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 issues including pension and disability compensation claims.

Most disability advocates for veterans work on a contingency basis. They only receive compensation when they prevail in their client's appeal and they are also paid back from VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total past due benefit.

In rare cases, an agent or attorney may choose to charge on the hourly basis. However, this is uncommon for two reasons. These matters can take months or even years to resolve. Second, most veterans and their families are unable to afford to pay for these services on an hourly basis.