Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they deserve. Ken also represents his clients in VA Board of Westmont Veterans Disability Lawyer Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims as per the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

The amount of monetary compensation per month given to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of the illness or injury and can be as low as 0% and up to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides basic income for the disabled veteran and their families.

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

The Social Security Administration also gives veterans special credits they can use to increase their earnings over time 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 disabled veterans for disability benefits are included in the Code of Federal Regulations. However, a few of these circumstances require an expert's opinion. An experienced lawyer can assist a customer in obtaining this opinion, and provide the necessary evidence to support the 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 are entitled to. We have handled thousands disability cases and highclassps.com are conversant with the intricacies of VA regulations and laws. Our firm was established by a disabled veteran who made fighting for hillsborough veterans disability law firm' rights a key part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans need to first collect the medical evidence to prove their impairment. This includes Xrays, doctor's reports, or other documents related to their condition. The submission of these records to the VA is vital. 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 a filing of an intention to file. This is a form that permits the VA to begin reviewing your claim even before you have all the information and medical records you require. It also ensures that you have an effective date for receiving compensation when you win your case.

The VA will schedule your exam once all of the information has been received. It will depend on the number and type of disabilities you are claiming. Make sure you attend the exam, since should you miss it the exam could delay your claim.

The VA will provide you with a decision package once the examinations have been completed. If the VA decides to deny the claim, you will have one year to request a higher level review.

At this moment, a lawyer could assist you. Lawyers who are accredited by VA can now be involved in appeals from the start, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be extremely frustrating. The VA offers an appeals procedure for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you must tell the VA why you disagree with their decision. You don't have to include all of the reasons but you should include all the points you disagree with.

You must also request a C-file or claims file to determine the evidence that the VA used to reach their decision. In many cases there are missing or insufficient records. In certain cases this could lead to an error in the rating decision.

If you submit your NOD you must choose whether you would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when the DRO reviews your case, compared to if it's viewed by the BVA.

You can request a personal hearing with a senior rating expert through the process of a DRO review. The DRO will review your claim "de novo" which means they will not be influenced by the previous decision. This typically results in a totally new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most time consuming appeals path and typically can take between one and three years to obtain an updated decision.

How much can an attorney charge?

A lawyer may charge a fee for assisting you appeal an VA disability decision. The law in place today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits through an appeal. Typically the fees are paid directly 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 accredited attorneys or claims representatives. These people are accredited by the Department of columbus veterans disability lawyer Affairs and can represent service members, veterans or dependents in a wide variety of cases including pension claims, disability compensation and claims.

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

In rare instances an attorney or agent could decide to charge an hourly fee. This is rare for two reasons. These matters can take a long time to be resolved. Second, many veterans and their families cannot afford to pay an hourly rate.