Veterans Disability Litigation

Ken counsels veterans of the military to help them get the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims, according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

The amount of monthly monetary compensation given to veterans with disabilities resulting from service is based on their disability rating. The rating is based on the severity of an illness or injury and may range between zero and 100% in increments of 10 percent (e.g. 20% 30%, 20 percent, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.

VA provides additional compensation through other programs, for example individual unemployment, clothing allowances, hospitalization and prestabilization, automobile allowances, Clarkston veterans disability lawyer as well as hospitalization allowances. These are in addition to the standard disability compensation.

In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credits to boost their earnings over the course of their lives for retirement or disability benefits. These credits are referred to as "credit for service."

Many of the conditions that allow a veteran for disability compensation are described in the Code of Federal Regulations. Certain of these conditions, however, require an expert's opinion. An experienced lawyer can help a client obtain this opinion and provide the proof needed to support a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was established by a disabled veteran 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 submit a claim?

The first step is to locate the medical evidence for their disability. This includes X-rays and doctor's reports or any other documentation relevant to their medical condition. Making these records available to the VA is vital. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to file an intent to file. This is a form that permits the VA to begin reviewing your claim, even before you have all the information and medical records that you require. This form also ensures the effective date of your compensation benefits in case you have a successful case.

If all the required information is in after all the information has been received, the VA will schedule an examination for you. This will be dependent on the type and number of disability you claim. Be sure to take this exam, as in the event you fail to take it the exam could delay your claim.

Once the examinations are complete, after the examinations are completed, VA will examine the evidence and send you a decision packet. If the VA refuses to accept the claim you have a year to request a higher-level review.

A lawyer can assist you in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a a huge benefit to those seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a gruelling experience. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't need to list every reason, but you must state all the issues that you disagree with.

You must also request your C-file or claims file to determine what evidence the VA used to arrive at their decision. There are often incomplete or missing data. In certain cases this could lead to an error in the rating decision.

If you submit your NOD it is up to you to decide if prefer to have your situation 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 examines your case rather than if it's reviewed by the BVA.

In the event of a DRO review you can request an individual hearing with an experienced senior rating specialist. The DRO will review your claim "de de novo" this means they will not defer to the previous decision. This usually results in an entirely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest lengthy appeals procedure and typically takes between one and three years to receive an updated decision.

What is the average cost a lawyer can charge?

A lawyer can charge a fee to assist appeal the VA decision on a disability claim. However, the law currently prohibits lawyers from charging fees to assist in a claim. The fee is only due if the lawyer is successful in your case or increases your benefits through an appeal. Typically the fees are directly derived from any lump-sum payments you get from the VA.

Veterans may be able locate accredited representatives using the VA's searchable database that lists accredited attorneys or claims representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a range of issues including disability compensation and pension claims.

Most veterans' disability advocates are paid on a contingency basis. They only receive compensation when they succeed in winning their client's appeal and also receive back pay from VA. The amount of backpay that is awarded can vary but it could be as high as 20 percent of a claimant's past due benefits.

In rare cases attorneys or agents might decide to charge on an per hour basis. But, this isn't common for two reasons. These issues can take a long time to resolve. The second reason is that most kirksville veterans disability attorney and their families are unable to afford to pay for these services on an hourly basis.