Veterans Disability Litigation

Ken assists veterans to get the disability benefits 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 discriminating against their disability claims in a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The amount of monthly monetary compensation provided to veterans suffering from service-related disabilities is determined on their disability rating. This rating is based on the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.

VA offers additional compensation through other programs, saramagdy.com for example individual unemployment allowances for clothing prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to basic disability compensation.

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

A majority of the conditions that can qualify disabled veterans for disability benefits are included in the Code of Federal Regulations. However, a few of these conditions require an expert's advice. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the proof needed to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they are entitled to. We have handled hundreds of disability cases and are proficient in the complexity of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans' rights a key part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I claim a benefit?

First, butler veterans disability lawyer need to look up the medical evidence supporting their condition. This includes X-rays, doctor's reports or any other documentation regarding their condition. It is important to provide these records to VA. If a veteran does not have these documents then the VA should be notified by the claimant (or their VSO).

The next step is a filing of an intent to file. This form allows the VA to review your claim before you have all the medical records required. It also ensures that you have an effective date for compensation benefits when you win your case.

When all the data is in when all the information is in, the VA will arrange an examination for you. It will depend on the type and number of disabilities you are claiming. Make sure you attend this test, because should you miss it and fail to take it, it could hinder your claim.

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

A lawyer can help in this situation. VA-accredited lawyers can now be involved in the appeals from the beginning which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. Thankfully the VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA why you were dissatisfied with their decision. It is not necessary to list every reason, but you should list all the points you don't agree with.

It's also crucial to request your C-file (claims file) to see the evidence the VA used to make their decision. Often times there are missing or incomplete records. In some instances this could result in an error in the rating decision.

When you submit your NOD you will need to decide if you would like to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll be more likely to have success when you opt for a DRO review than with the BVA.

In the event of the DRO review you have the option of requesting a personal hearing before a senior rating specialist. The DRO will examine your claim "de de novo", meaning that they will not defer to the previous decision. This usually results in a completely new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most time demanding appeals process and usually takes one to three years to obtain an updated decision.

How much can a lawyer charge?

A lawyer can charge a fee to assist you appeal a VA disability decision. But, current law prohibits lawyers from charging fees to assist in the case. This is due to the fact that the fee is dependent on the lawyer prevailing in your case, or getting your benefits increased through an appeal. These fees are usually paid directly from 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 veterans, service members, dependents, or survivors in a variety of matters including disability compensation and pension claims.

The majority of wenatchee veterans disability lawyer' disability advocates are paid on the basis of a contingent. They only get paid when they prevail in their client's appeal and they also receive back pay from VA. The amount of backpay that is granted can differ, but it can be as high as 20 percent of the claimant's past due benefits.

In rare instances an attorney or agent may choose to charge on the basis of an hourly rate. This is rare for two reasons. First, these issues tend to be time-consuming and can last for months or even years. Second, many veterans and their families can't afford to pay an hourly rate.