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 years by disproportionately rejecting their disability claims in a 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 that
centerton veterans disability lawyer receive for service-related disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their families.
VA offers additional compensation through other programs, such as individual unemployment allowances for clothing, hospitalization and prestabilization, car allowances, and hospitalization allowances. These are in addition to the basic disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for disability or retirement benefits. These extra credits are referred to as "credit for service."
A majority of the conditions that qualify
alliance Veterans disability lawyer for disability compensation are listed in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. A seasoned veteran attorney can assist a client obtain this opinion, and supply the evidence needed to support a claim of disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients get the disability benefits that they deserve. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who, after successfully representing himself in a Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.
How do I submit a claim?
Veterans must first locate the medical evidence of their disability. This includes any X-rays, doctor's reports or other documentation that relate to their condition. Providing these records to the VA is crucial. If a veteran does not have these documents, the VA should be notified by the claimant (or their VSO).
The next step is to fill out an intent to file. This form lets the VA to review your claim before you have the necessary information and medical records. The form also keeps the date you can start receiving your compensation benefits in case you are successful in your case.
When all the data is in, the VA will schedule an examination for you. The VA will schedule the exam according to the number of disabilities as well as the type you are claiming. Be sure to take this exam, as should you miss it this could affect your claim.
Once the examinations are complete after which after the examinations are completed, VA will examine the evidence and then send you a decision packet. If the VA denies your claim you have one year from the date of the letter to request a higher-level review.
At this moment, a lawyer will assist you. Lawyers who are accredited by VA can now be involved in the appeals right from the beginning, which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits for veterans can be a source of frustration. Fortunately the VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice Of Disagreement, you should explain to the VA why you are not happy with their decision. You don't need to list every reason, but you should mention all the aspects you don't agree with.
You must also request your C-file, or claims file, so that you can determine what evidence the VA used to arrive at their decision. There are usually insufficient or missing records. In some cases it could lead to an error in the rating decision.
When you file your NOD, you must decide whether you want to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success if the DRO examines your case rather than when it's reviewed by BVA.
In the event of an DRO review, you can request an individual hearing before a senior rating specialist. The DRO will conduct a review of your claim on a "de de novo" basis, meaning they do not give deference to the previous decision. This typically results in a new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest appeals process, and it could take up to three years to reach an update on the decision.
How much does a lawyer charge?
A lawyer may charge a fee if appeal a VA decision regarding the basis of disability. The current law does not allow lawyers to charge for assistance with a claim in the beginning. The fee is only payable in the event that the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.
Veterans may find accredited representatives via the VA's searchable database that lists accredited attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide range of matters such as disability compensation claims and pension claims.
The majority of veterans' disability advocates work on a contingency. This means that they will only be paid if they are successful in winning the client's appeal and receive back pay from the VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total benefits.
In rare cases, an agent or lawyer might choose to charge an hourly fee. But, this isn't common for two reasons. First, these matters tend to be time-consuming and can last for months or even years. Second, most veterans and their families are unable to afford to pay on an hourly basis.
