Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken is also a lawyer for his clients at VA Board of corona veterans disability attorney Appeals Hearings.

According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.

What is an VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with service-related disabilities. This rating is based upon the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their families.

VA offers additional compensation through other programs, like individual unemployment allowances for clothing as well as prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the basic disability compensation.

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

A majority of the conditions that make a veteran for disability compensation are described in the Code of Federal Regulations. However, some of these conditions require an expert opinion. A seasoned veteran attorney can assist a client obtain this opinion, and provide the evidence needed to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled thousands of disability cases and are knowledgeable in the complicated nature 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 he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

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

The next step is to submit an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. It also ensures that you have an effective date for compensation benefits if you win your case.

The VA will schedule your exam after all the information has been received. The VA will schedule an examination according to the amount of disabilities you have and the type of disability you're claiming. Make sure that you take this test, because in the event you fail to take it the exam could delay your claim.

Once the tests are complete After the examinations are completed, after the examinations are completed, VA will examine the evidence and then send you a decision package. If the VA denies the claim, you'll have one year to request a more thorough review.

A lawyer can assist you at this point. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of veterans' disability benefits can be extremely frustrating. Thankfully that the VA has an appeals procedure for these decisions. The first step is to send the Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement you should state to the VA why you are not happy with their decision. You don't have to list every reason but you should list everything that you disagree on.

It's also crucial to request your C-file (claims file) to see the evidence the VA used to make their decision. Sometimes there are no or incomplete records. This could lead to a mistake in the rating.

After you have submitted your NOD, you will be asked if you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success when the DRO reviews your case than if it's reviewed by the BVA.

You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will examine your claim "de novo" this means they will not be influenced by the previous decision. This usually results in an entirely new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest consuming appeals path and typically takes anywhere from one to three years to receive a new decision.

How much does a lawyer charge?

A lawyer could charge a fee to assist you appeal a VA disability decision. However, current law prevents lawyers from charging fees to assist when submitting a claim. The fee is only due if the lawyer is successful in your case or increases your benefits through an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans may be able identify accredited representatives by using the VA's searchable database that lists certified attorneys or claims agents. They have been vetted by the Department of torrington veterans disability lawyer Affairs to represent service members, veterans, dependents, or survivors in a variety of issues including pension and disability compensation claims.

The majority of veterans' disability advocates operate on a contingent basis. This means that they will only be paid if they are successful in winning the client's appeal and are awarded back payments from the VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's past-due benefit.

In rare instances, an agent or attorney may choose to charge on the basis of an hourly rate. But, this isn't common due to two reasons. These issues can take a long time to be resolved. In addition, the majority of veterans and their families cannot afford to pay for these services on an hourly basis.