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Veterans Disability Litigation

Ken counsels military veterans to assist them in obtaining the disability compensation 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 a long time by generally denying their disability claims according to a lawsuit filed this week by Yale Law School’s Veterans Legal Services Clinic.

What is a VA disability?

The amount of monthly monetary compensation provided to veterans suffering from disabilities resulting from service is based on their disability rating. This rating is determined by the severity of an illness or injury, and can range between 0% and 100% in increments of 10 percent (e.g. 20 percent 30, 30 percent, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their family.

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

In addition to these benefit programs the Social Security Administration gives military veterans extra credits to increase their lifetime earnings for disability or retirement benefits. These extra credits are referred to as “credit for service.”

Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. Certain of these conditions however require an expert’s opinion. A veteran lawyer with experience can assist a client obtain this opinion, and supply the evidence needed to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients get the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans rights a priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

The first step is to locate the medical evidence to prove their impairment. This includes Xrays, doctor’s reports, or other documents that relate to their health. Providing these records to the VA is crucial. If a veteran doesn’t have these documents, the VA should be notified by the applicant (or their VSO).

The next step is the filing of an intent to file. This form allows the VA examine your claim even before you have the proper information and medical records. It also protects your effective date for receiving compensation should you prevail in your case.

When all the information is received, the VA will schedule an appointment for you. The VA will schedule the exam based on the severity of your disability and the type of disability you’re claiming. Make sure that you take this test, because if you miss it this could affect your claim.

The VA will send you a decision-making package after the examinations are completed. If the VA denies the claim, you will have one year to request a higher-level review.

At this point, a lawyer can help you. VA-accredited lawyers are now involved in appeals from the beginning which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

A denial of monterey veterans disability lawsuit disability benefits can be a very frustrating experience. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to make 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 the reasons why you did not agree with their decision. You don’t have to give every reason, but you must state all the issues that you don’t agree with.

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

When you submit your NOD you must decide whether you want to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you’ll have a greater chance of success if the DRO reviews your case than if it’s viewed by the BVA.

You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will conduct a review of your claim on an “de de novo” basis, which means they will not give any deference to the previous decision. This usually results in a totally new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the time taking appeals route and typically takes between one and three years for a new decision.

What is the average amount an attorney can charge?

A lawyer may charge a fee to assist you appeal an VA decision regarding a disability claim. However, current law prohibits lawyers from charging for assistance in a claim. This is because the fee must be contingent on the lawyer winning your case, or having your benefits increased through an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans may identify accredited representatives by using the VA’s searchable database that lists accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent service members, enid veterans disability law firm or dependents in a vast variety of cases such as disability compensation claims and pension claims.

Most veterans’ disability advocates work on a contingency basis. This means that they are only paid if they are successful in winning the appeal of the client and receive back pay from the VA. The amount of backpay that is given can be different, but it can be as high as 20 percent of a claimant’s past-due benefits.

In rare instances lawyers or agents might choose to charge an hourly rate. This isn’t often the case due to two reasons. These matters can take months or even years to be resolved. In addition, the majority of Sweetwater Veterans Disability Law Firm and their families are unable to afford to pay on an hourly basis.