Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. He also represents clients at 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 vacaville veterans disability attorney Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.

What is an VA Disability?

The disability rating determines the amount of monthly payments to veterans who have service-connected disabilities. This rating is based on the severity of the injury or illness and can vary from 0% to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.

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

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

Code of Federal Regulations lists numerous conditions that qualify a veteran to receive disability compensation. Certain of these conditions however require an expert’s advice. An experienced lawyer can help a client obtain this opinion and provide the proof needed to prove the claim for disability benefits.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to ensuring that our clients get the disability benefits that they are entitled to. We have handled thousands disability cases and are conversant with the intricacies of VA regulations and laws. Our firm was started by a disabled vet who made fighting for veterans rights a top priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans must first gather the medical evidence supporting their disability. This includes any X-rays, doctor’s reports or other documentation regarding their medical condition. Giving these records to VA is crucial. If a veteran does not have these documents, the VA should be notified by the claimant (or their VSO).

The next step is to file an intent to file. This form allows the VA to review your claim before you have the necessary information and medical records. This form also ensures the date you can start receiving your compensation benefits in case you succeed in your claim.

When all the information is received when all the information is in, the VA will schedule an appointment for you. The VA will set the date for the examination based on the severity of your disability and the type of disability you’re claiming. Attend this exam as missing it could delay the processing of your claim.

The VA will send you a decision package after the tests have been completed. If the VA denies your claim you have one year from the date of the letter to request a more thorough review.

A lawyer can help you in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is an enormous benefit to those who seek disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a gruelling experience. The VA provides an appeals procedure for these decisions. The first step is to send the Notice of Disagreement to the VA regional office which sent you the Rating decision. In your notice of disagreement, you should tell the VA the reasons you don’t agree with their decision. It is not necessary to list every reason, but you must list all the points you don’t agree with.

It’s also crucial to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. There are usually incomplete or missing data. This could lead to an error in the rating.

When you file your NOD, you will need to decide if you would like to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

When you request an DRO review, you have the option of requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on a “de novo” basis, which means they don’t give deference the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the longest appeals process, and it could take up to three years for an update on the decision.

How much does a lawyer charge?

Lawyers can charge a fee to help you appeal an VA decision regarding the basis of disability. However, the law currently prohibits lawyers from charging fees for assistance when submitting a claim. This is because the fee has to be contingent on the lawyer winning your case, or getting your benefits increased through an appeal. Typically the fees will be directly derived from the lump-sum payments that you receive from the VA.

Veterans are able to search the database of lawyers accredited to practice or claim agents to find accredited representatives. 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 pension and disability compensation claims.

Most belmont veterans disability law firm‘ disability advocates work on a contingency. This means that they are only paid if they succeed in winning the appeal of the client and get back payments from the VA. The amount of backpay that is given can be different but can be as high as 20 percent of the claimant’s past due benefits.

In rare instances lawyers or agents may choose to charge an hourly rate. This isn’t often the case due to two reasons. First, these issues are often time consuming and can drag on for months or even years. Additionally, many veterans and their families are unable to afford to pay for these services on an hourly basis.