Veterans Disability Litigation

Ken helps veterans obtain the disability benefits 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 amount of monthly monetary compensation provided to veterans suffering from service-related disabilities is based on their disability rating. The rating is based on the severity of an injury or illness and can range from zero and 100% in increments of 10% (e.g. 20% 30, Vimeo 30%, etc.). The compensation is tax-free and provides basic income for disabled veterans and their families.

VA offers additional compensation through other programs, including individual unemployment allowances for clothing prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credits they can use to increase their lifetime earnings and be eligible for disability or retirement benefits. These extra credits are known as "credit for service."

Many of the conditions that can qualify disabled veterans for disability benefits are listed in the Code of Federal Regulations. However, certain conditions require an expert opinion. A seasoned lawyer with experience can assist a client to obtain this opinion and provide the evidence required to support the claim for disability benefits.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients receive the benefits they're entitled to. We have handled thousands of disability cases and we are well-versed with the complexities of VA rules and regulations. Our firm was started by a disabled vet who made fighting for kentwood veterans disability lawyer rights a top priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans need to find the medical evidence that supports their condition. This includes X-rays and doctor's reports as well as any other documentation related to the veteran's condition. Providing these records to the VA is essential. If a veteran does not have these documents and the VA must be informed by the claimant (or their VSO).

The next step is a filing of an intent to file. This form allows the VA review your claim even before you have the necessary information and medical records. The form also keeps the date on which you will receive your compensation benefits in the event you are successful in your case.

When all the data is provided after all the information has been received, the VA will arrange an examination for you. The VA will schedule the exam in accordance with the amount of disabilities you have and the type of disability you claim. Make sure that you take the exam, since should you miss it, it could delay your claim.

The VA will send you a decision-making package once the examinations have been completed. If the VA refuses to accept the claim you'll have one year to request a more extensive review.

At this stage, a lawyer is able to assist you. Attorneys accredited by VA can be 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?

A denial of disability benefits can be a difficult experience. Thankfully that the VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disparage, vimeo you should tell the VA the reason you don't like their decision. You don't need to list all of the reasons, but you should mention everything you disagree with.

It is also essential to request your C-file (claims file) so you can see the evidence the VA used in making their decision. Most of the time there are no or incomplete records. In some instances, this can lead to an error in the rating decision.

After you have submitted your NOD, the applicant will be asked if you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you will have a greater chance of success when you opt for a DRO review than with the BVA.

In the event of an DRO review, you have the option of asking for an individual hearing before a senior rating specialist. The DRO will conduct an investigation of your claim on an "de novo" basis, which means they will not give deference to the previous decision. This typically will result in a brand new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the most time taking appeals route and typically takes anywhere from one to three years to receive a new decision.

How much will a lawyer charge?

Lawyers may charge a fee for assisting you appeal an VA disability decision. The law currently does not permit lawyers to charge for assistance with a claim in the beginning. 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 out of any lump-sum payments you receive from the VA.

Veterans can use the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members or their dependents in a range of issues including pension and disability compensation claims.

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

In rare cases, an agent or lawyer may choose to charge an hourly rate. But, this isn't common for two reasons. First, these issues are often time consuming and can go on for months or even years. Additionally, many veterans and their families can't afford to pay for these services on an hourly basis.