veterans disability, visit my homepage, Litigation

Ken advises veterans of the military to assist them in getting the disability compensation they are entitled to. Ken also represents his 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, disproportionately refusing their disability claims.

What is an VA disability?

The disability rating determines the amount of compensation per month paid to veterans who have service-related disabilities. This rating is based on the severity of the illness or injury and can be as low as 0% and up to 100% in 10% increments (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides basic income for the disabled veteran and their families.

The VA also has other programs that provide additional compensation, such as individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.

The Social Security Administration also gives veterans special credit that they can use to boost their lifetime earnings so that they can qualify for retirement or disability benefits. These credits are referred to as "credit for service."

Many of the conditions that can qualify disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. However, a few of these conditions require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and provide the evidence required to prove an application for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to ensuring that our clients get the disability benefits they deserve. We have handled thousands disability cases and we are well-versed with the intricacies of VA regulations and laws. Our firm was founded in 1996 by a disabled veteran who, after successfully representing himself at a Board of Veterans Appeals Hearing and making veterans' rights the top priority in his practice.

How do I submit a claim?

veterans disability lawyer must first locate the medical evidence that proves their impairment. This includes Xrays, doctor's reports, or other documents that relate to their medical condition. The submission of these records to the VA is very important. If a veteran doesn't have these documents and the VA must be informed by the claimant (or their VSO).

The next step is a filing of an intention to file. This form permits the VA to review your claim, even before you have all the medical records you require. It also preserves your effective date for receiving compensation when you win your case.

The VA will schedule your medical exam when all details have been received. The VA will schedule the exam according to the amount of disabilities you have and the type of disability you're claiming. Attend this exam as missing it could delay the processing of your claim.

The VA will provide you with a decision package once the examinations have been completed. If the VA denies your claim, you have a year from the date of the letter to request a more thorough review.

At this moment, a lawyer will help you. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans disability veterans can be extremely frustrating. The VA offers an appeals procedure for these decisions. The first step is to send the Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement you should tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you should list all the points you disagree with.

It's also important to request your C-file (claims file) to see the evidence the VA used in making their decision. There are often insufficient or missing 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 to choose whether you want your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you will have a higher chance of success with the DRO review DRO review than with the BVA.

You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will examine your claim "de novo" which means that they will not defer to the previous decision. This usually results in a totally new Rating Decision. You can also have the BVA in Washington review your claim. This is the most time demanding appeals process and usually takes anywhere from one to three years to get an updated decision.

How much does an attorney charge?

Lawyers may charge a fee for assisting you appeal an VA disability decision. But, current law prohibits lawyers from charging fees to assist 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 are paid directly out of any lump-sum payments you get from the VA.

Veterans are able to search the database of lawyers accredited to practice or claim agents to find accredited representatives. These individuals are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast range of issues including disability compensation claims and pension claims.

Most disability advocates for veterans are paid on an ad-hoc basis. They only receive compensation when they prevail in their client's appeal and they are also paid back from VA. The amount of backpay that is granted can differ however it could be as high as 20 percent of the claimant's past-due benefits.

In rare instances attorneys or agents may choose to charge on the basis of an hourly rate. This is not common due to two reasons. These issues can take months or even years to resolve. Second, most veterans and their families cannot afford to pay for these services on an hourly basis.