Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they deserve. He also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black reading veterans disability law firm for years by generally denying their disability claims in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. This rating is determined by the severity of the injury or illness and may range between 0% and 100% in increments of 10 percent (e.g. 20% 30 percent, 30 percent, etc.). The compensation is free of tax and provides a basic source of income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation such as individual unemployment, car allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives Fairfield veterans disability lawyer a special credit they can utilize to increase their lifetime earnings to be eligible for disability or retirement 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, some of these conditions require an expert's advice. A veteran lawyer with experience can assist a customer in obtaining this opinion and provide the evidence needed to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients receive the disability benefits that they are entitled to. We have handled hundreds of disability cases and are proficient in the complexities of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans rights a key part of his practice after he successfully represented himself at a Board of elwood veterans disability law firm Appeals hearing.

How do I claim a benefit?

Veterans need to first collect the medical evidence of their impairment. This includes X-rays and doctor's reports or other documentation that relate to their health. It is essential to submit these records to VA. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This form allows the VA review your claim even before you have the proper information and medical records. It also keeps your effective date for compensation benefits if you win your case.

Once all the information is in when all the information is in, the VA will schedule an exam for you. The VA will schedule an examination according to the amount of disabilities you have and the type you are claiming. Make sure you attend the exam, since If you don't and fail to take it, it could hinder your claim.

Once the examinations are complete After the examinations are completed, after the examinations are completed, VA will examine the evidence and send you a decision packet. If the VA decides to deny the claim, you will have one year to request a more extensive review.

At this stage, a lawyer is able to assist you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

The denial of veterans' disability benefits can be extremely frustrating. The VA provides an appeals procedure to appeal these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice Of Disagreement, you should explain to the VA why you are not happy with their decision. It is not necessary to list every reason however, you must mention everything that you disagree on.

You should also request your C file, or claims file, so that you can see what evidence the VA used to reach their decision. Often times there are gaps or insufficient records. In some instances this could result in an error in the rating decision.

When you submit your NOD, you'll be asked to select whether you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general, 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 personal hearing with a senior rating expert via the process of a DRO review. The DRO will review your claim "de de novo", meaning that they will not rely on the previous decision. This usually results in a totally 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 anywhere from one to three years to obtain an updated decision.

How much does an attorney charge?

A lawyer could charge a fee for helping you appeal a VA disability decision. The law in place today does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only due if the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans may be able locate accredited representatives using the VA's searchable database for certified attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a range of issues including disability compensation and pension claims.

Most disability advocates for veterans are paid on a contingent basis. They only receive compensation when they prevail in their client's appeal and they are also paid back from VA. The amount of backpay awarded can vary but can be as high as 20 percent of a claimant's past-due benefits.

In rare instances, an agent or lawyer might choose to charge an hourly fee. This is rare for two reasons. First, these matters are usually time-consuming and can drag on for months or even years. The second reason is that most veterans and their families can't afford to pay for these services on an hourly basis.