Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way in an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. The rating is based on the severity of an illness or injury and can range from 0% and 100% in increments of 10 percent (e.g. 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income to 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 hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credits they can utilize to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These additional credits are referred to as "credit for service."

Many of the conditions that can qualify a veteran for disability compensation are listed in the Code of Federal Regulations. However, a few of these conditions require an expert opinion. A veteran lawyer with experience can help a customer obtain this opinion and provide the necessary evidence to support an claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits they deserve. We have handled a variety of disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for west point veterans disability lawyer' rights a top priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I make a claim?

The first step is to locate the medical evidence supporting their condition. This includes X-rays and doctor's notes or other evidence regarding their health. It is vital to provide these records to VA. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).

The next step is to submit an intent to file. This form lets the VA examine your claim even before you have all the required information and medical records. This form also ensures the date on which you will receive your compensation benefits in the event that you are successful in your case.

Once all the information is provided after all the information has been received, the VA will arrange an examination for you. This will be dependent on the number and type of disability you claim. Attend this exam as missing it could delay the processing of your claim.

After the examinations have been completed Once the examinations are complete, 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 help you in this situation. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit to those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for Sugarcreek Veterans disability lawyer can be extremely frustrating. The VA has an appeals process to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you must explain to the VA why you are not happy with their decision. It is not necessary to list every reason but you should list everything you disagree with.

You should also request your C-file, or claims file, to determine the evidence that the VA used to make their decision. There are often insufficient or missing records. This can result in a mistake in the rating.

If you file your NOD, the applicant will be asked to choose whether you want your case reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success when the DRO examines your case rather than if it's reviewed by the BVA.

When you request an DRO review you can request an individual hearing before a senior rating specialist. The DRO will conduct an examination of your claim on the basis of a "de novo" basis, meaning they do not give deference to the previous decision. This usually results in an entirely new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the most lengthy appeals process, and it could take up to three years to reach an appeal to be heard.

What is the cost an attorney could charge?

Lawyers can charge a fee to help you appeal the VA decision regarding the basis of disability. However, the law currently prohibits lawyers from charging fees for assistance with 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 out of any lump-sum payments you receive from the VA.

Veterans can search the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide spectrum of cases that include pension and disability compensation claims.

Most jackson veterans disability attorney' disability advocates operate on a contingent basis. This means that they only get paid if they prevail in the appeal of the client and get back payments from the VA. The amount of backpay paid can vary however it could be as high as 20 percent of the claimant's past-due benefits.

In rare instances lawyers or agents might decide to charge an hourly fee. But, this isn't common for two reasons. These issues can take a long time to be resolved. The second reason is that most veterans and their families are unable to afford to pay on an hourly basis.