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Veterans Disability Litigation
Ken assists veterans to get the disability benefits they deserve. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by rejecting their disability claims in adisproportionate way as per a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with disabilities that are related to service. This rating is based on the severity of the illness or injury and can be as low as 0% and up to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides basic income for disabled veterans and their family.
The VA also offers other programs that offer additional compensation such as individual unemployability, automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to basic disability compensation.
In addition to these benefit programs, in addition, 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 extra credits are called "credit for service."
Code of Federal Regulations lists a variety of conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's advice. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the evidence needed to prove the claim for disability benefits.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to helping our clients receive the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who, after successfully representing himself in a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I file a claim?
First, veterans disability attorney must locate the medical evidence supporting their condition. This includes X-rays, doctor's notes or other evidence related to their medical condition. It is important to provide these records to 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 to submit 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 you can start receiving your compensation benefits if you have a successful case.
If all the required information is in when all the information is in, the VA will schedule an exam for you. This will depend on the type and number of disability you claim. Attend this exam as missing it could delay the process of your claim.
The VA will send you a decision-making package once the examinations have been completed. If the VA denies your claim, you have one year from the date of the letter to request a higher-level review.
At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is an enormous benefit to those who seek disability benefits.
How do I appeal a denial?
The denial of veterans' disability benefits can be extremely frustrating. Fortunately the VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA why you disagree with their decision. You don't have to list all the reasons but you should include everything that you disagree on.
You should also request your C file or claims file so that you can see the evidence that the VA used to arrive at their decision. Sometimes there are gaps or insufficient records. In certain cases this could result in an error in the rating decision.
If you submit your NOD you must choose whether you would like your case considered 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 viewed by the BVA.
When you request a DRO review, you can request an individual hearing with a senior rating specialist. The DRO will review your claim "de de novo" this means they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. You can also request that the BVA in Washington review your claim. This is the longest appeals process and can take up to three years for an appeal to be heard.
How much can a lawyer charge?
A lawyer can charge a fee to help appeal an VA decision on a disability claim. However, current law prevents lawyers from charging for initial assistance when submitting a claim. This is because the fee has to be contingent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.
Veterans can look through the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and are able to represent veterans, service members or their dependents in a wide variety of cases such as disability compensation claims and pension claims.
Most disability advocates for veterans are paid on a contingency basis. They only get paid when they win their client's appeal, and also receive back pay from VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's total benefit.
In rare cases, an agent or lawyer might decide to charge an hourly fee. This is not common due to two reasons. First, these situations are usually time-consuming and can take months or even years. Second, many veterans and their families are unable to afford an hourly fee.
Ken assists veterans to get the disability benefits they deserve. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by rejecting their disability claims in adisproportionate way as per a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with disabilities that are related to service. This rating is based on the severity of the illness or injury and can be as low as 0% and up to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides basic income for disabled veterans and their family.
The VA also offers other programs that offer additional compensation such as individual unemployability, automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to basic disability compensation.
In addition to these benefit programs, in addition, 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 extra credits are called "credit for service."
Code of Federal Regulations lists a variety of conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's advice. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the evidence needed to prove the claim for disability benefits.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to helping our clients receive the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who, after successfully representing himself in a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I file a claim?
First, veterans disability attorney must locate the medical evidence supporting their condition. This includes X-rays, doctor's notes or other evidence related to their medical condition. It is important to provide these records to 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 to submit 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 you can start receiving your compensation benefits if you have a successful case.
If all the required information is in when all the information is in, the VA will schedule an exam for you. This will depend on the type and number of disability you claim. Attend this exam as missing it could delay the process of your claim.
The VA will send you a decision-making package once the examinations have been completed. If the VA denies your claim, you have one year from the date of the letter to request a higher-level review.
At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is an enormous benefit to those who seek disability benefits.
How do I appeal a denial?
The denial of veterans' disability benefits can be extremely frustrating. Fortunately the VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA why you disagree with their decision. You don't have to list all the reasons but you should include everything that you disagree on.
You should also request your C file or claims file so that you can see the evidence that the VA used to arrive at their decision. Sometimes there are gaps or insufficient records. In certain cases this could result in an error in the rating decision.
If you submit your NOD you must choose whether you would like your case considered 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 viewed by the BVA.
When you request a DRO review, you can request an individual hearing with a senior rating specialist. The DRO will review your claim "de de novo" this means they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. You can also request that the BVA in Washington review your claim. This is the longest appeals process and can take up to three years for an appeal to be heard.
How much can a lawyer charge?
A lawyer can charge a fee to help appeal an VA decision on a disability claim. However, current law prevents lawyers from charging for initial assistance when submitting a claim. This is because the fee has to be contingent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.
Veterans can look through the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and are able to represent veterans, service members or their dependents in a wide variety of cases such as disability compensation claims and pension claims.
Most disability advocates for veterans are paid on a contingency basis. They only get paid when they win their client's appeal, and also receive back pay from VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's total benefit.
In rare cases, an agent or lawyer might decide to charge an hourly fee. This is not common due to two reasons. First, these situations are usually time-consuming and can take months or even years. Second, many veterans and their families are unable to afford an hourly fee.
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