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Veterans Disability Litigation

Ken assists veterans in navigating the system to help them get the disability compensation they deserve. Ken also represents clients in VA Board of Veterans 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 by discriminating against their disability claims.

What is a VA Disability?

The disability rating determines the amount of compensation per month paid to eldridge veterans disability law firm who have service-related disabilities. 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% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides basic income for the disabled veteran and their family.

VA provides additional compensation through other programs, such as individual unemployment allowances for clothing as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.

In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for retirement or disability benefits. These extra credits are called "credit for service."

Many of the conditions that make disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. However, some of these conditions require an expert opinion. An experienced veteran lawyer can assist a client to obtain this opinion and provide the evidence required to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to ensuring that 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 established by a disabled veteran who made fighting for veterans rights a major part of his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans need to look up the medical evidence that supports their impairment. This includes any X-rays, doctor's reports or other documentation related to their health. Providing these records to the VA is crucial. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to make an intent to file. This form lets the VA review your claim even before you have the needed information and Vimeo medical records. This form also preserves the date on which you will receive your compensation benefits in case you are successful in your case.

The VA will schedule your appointment when all details have been received. The VA will schedule an exam depending on the number of disabilities and the type you are claiming. Make sure that you take the exam, since if you miss it the exam could delay your claim.

After the examinations have been completed after which after the examinations are completed, VA will review the evidence and send you a decision-making packet. If the VA rejects the claim, you will have one year to request a more thorough review.

At this moment, a lawyer will help you. VA-accredited lawyers are now involved in the appeals from the beginning which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be extremely frustrating. Thankfully that the VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement you must inform the VA the reasons you don't agree with their decision. It is not necessary to list every reason, but you should be clear about the issues you don't agree with.

It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. There are usually insufficient or missing records. In certain cases this could lead to an error in the rating decision.

When you file your NOD you will need to decide if you prefer to have your situation considered by a Decision Review Officer or Vimeo by the Board of Veterans Appeals. Generally speaking, you will have a greater chance of success when you opt for the DRO review DRO review than with the BVA.

In the event of the DRO review, you can request a personal hearing before a senior rating specialist. The DRO will examine your claim "de de novo" which means that they will not accept the previous decision. This typically results in a completely new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the time consuming appeals path and typically takes anywhere from one to three years to get an updated decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee for helping appeal a VA decision regarding a disability claim. The law as it stands today does not allow lawyers to charge for initial assistance in a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

Veterans can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide variety of cases that include pension claims, disability compensation and claims.

Most veterans' disability advocates work on a contingency basis. They only get paid when they are successful in defending their client's case, and they also receive back pay from VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total past due benefit.

In rare instances an attorney or agent may decide to charge on an the hourly basis. However, this is uncommon due to two reasons. First, these situations are usually time-consuming and can take months or even years. In addition, the majority of veterans and their families are unable to afford to pay on an hourly basis.