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Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they are entitled to. He 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 a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The disability rating determines the amount of compensation per month paid to veterans with service-related disabilities. The rating is determined by the severity of the injury or illness and can vary from 0% to 100% in 10% increments (e.g. 20%, 20%, 30% etc). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his family.

VA offers additional compensation through other programs, like individual unemployment allowances for clothing prestabilization and hospitalization, automobile allowances, and hospitalization allowances. These benefits 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 extra credits to increase their earnings over the course of their lives for retirement or disability benefits. These credits are also referred to as "credit for service."

A majority of the conditions that make veterans for disability compensation are listed in the Code of Federal Regulations. However, certain conditions require an expert's advice. A seasoned veteran attorney can assist a client obtain this opinion and provide the necessary evidence to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients obtain the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans' rights a key part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

First, veterans must look up the medical evidence to prove their impairment. This includes X-rays and doctor's reports as well in any other documentation related to the veteran's condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents, they should be given 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 allows 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 if you win your case.

The VA will schedule your exam when all information is received. This will depend on the amount and type of disability you claim. Make sure you attend this exam, as if you miss it this could affect your claim.

The VA will send you a decision document after the examinations are completed. If the VA rejects the claim, you'll have one year to request a more extensive review.

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

How do I appeal a denial?

A refusal of pittsburg veterans disability lawyer disability benefits can be a very frustrating experience. Fortunately that the VA has an appeals process for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your notice of disagreement, you have to tell the VA why you are not happy with their decision. It is not necessary to list every reason, but you must state all the issues that you don't agree with.

It's also crucial to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are usually incomplete or missing records. This can result in a mistake in the rating.

If you file your NOD, you'll be asked to choose whether you want your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO reviews your case than if it's viewed by the BVA.

With an DRO review, you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will examine your claim "de novo", meaning that they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the time demanding appeals process and usually takes anywhere from one to three years to get a new decision.

How much does an attorney charge?

A lawyer can charge a fee if appeal the VA decision on a disability claim. The law as it stands today does not allow lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee must be contingent upon the lawyer winning your case or getting your benefits increased by an appeal. Typically the fees are paid directly out of any lump-sum payments you get from the VA.

wood river veterans disability attorney can identify accredited representatives by using the VA's searchable database for accredited attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a range of issues including disability compensation and pension claims.

The majority of veterans' disability advocates work on a contingency basis. This means that they only get paid if they succeed in winning the appeal of the client and get back payment from the VA. The amount of backpay given can be different but it could be as high as 20 percent of a claimant's past due benefits.

In rare cases, an agent or lawyer could decide to charge an hourly rate. However, this is not the norm for two reasons. First, these situations can be time-consuming and can take months or even years. Second, many veterans and their families don't afford to pay an hourly rate.