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veterans disability attorneys Disability Litigation

Ken counsels veterans of the military to help them get the disability compensation they are entitled to. Ken assists his clients at 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, according to the lawsuit filed this week by Yale Law School's veterans disability law firms; linked web page, Legal Services Clinic.

What is a VA disability?

The amount of monthly monetary compensation paid to veterans with service-related disabilities is determined on their disability rating. The rating is determined by the severity of the illness or injury and can range from 0% to 100% in 10% increments (e.g., 20%, 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 unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to basic disability compensation.

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

Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. However, some of these conditions require an expert's advice. An experienced veteran attorney can help a customer obtain this opinion, and supply the evidence needed to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients obtain the benefits they're entitled to. We have handled hundreds of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was started by a disabled vet 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?

Veterans must first gather the medical evidence to prove their impairment. This includes X-rays and doctor's notes or other evidence regarding their condition. It is crucial to provide these documents to the VA. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of 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 preserves the effective date of your compensation benefits in the event you win your case.

Once all the information is in when all the information is in, the VA will arrange an examination for you. The VA will schedule an examination in accordance with the number of disabilities and the type of disability you claim. Make sure you attend the exam, since if you miss it, it could delay your claim.

The VA will send you a decision document after the examinations are completed. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.

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

How do I appeal a denial?

The denial of benefits for disability suffered by veterans is a frustrating experience. The VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office who sent you the decision on Rating. 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 state all the issues that you don't agree with.

You must also request a C-file, or claims file, to determine what evidence the VA used to make their decision. Often times there are missing or insufficient records. This could lead to a mistake in the rating.

If you submit your NOD it is up to you to decide if would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success when the DRO reviews your case than when it's reviewed by BVA.

When you request the DRO review you have the option of asking for an individual hearing with a senior rating specialist. The DRO will conduct the review of your claim on a "de novo" basis, meaning they don't give deference the previous decision. This usually results in an entirely new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the time lengthy appeals procedure and typically takes between one and three years to get an updated decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee if you appeal the VA decision regarding the basis of disability. The law in place today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans may find accredited representatives via the VA's searchable database that lists licensed attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a vast spectrum of cases, including pension claims and disability compensation claims.

The majority of veterans' disability advocates are paid on a contingent basis. They only get paid when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay that is awarded can vary, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare cases lawyers or agents could decide to charge an hourly fee. This is not common due to two reasons. First, these issues can be time-consuming and can go on for months or even years. The second reason is that most veterans and their families can't afford to pay on an hourly basis.