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Veterans Disability Litigation
Ken assists veterans in obtaining 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 disproportionately denying their disability claims.
What is an VA Disability?
The amount of monetary compensation per month provided to veterans suffering from service connected disabilities is based on their disability rating. The rating is determined by the severity of the injury or veterans Disability illness and can range from 0% up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is tax-free and provides a basic income for disabled veterans and their families.
VA offers additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the standard disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their retirement or disability benefits. These credits are also referred to as "credit for service."
Many of the conditions that make an individual for disability compensation are described in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. A veteran lawyer with experience can help a customer obtain this opinion, and provide the evidence required to prove the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to ensuring that our clients obtain the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.
How do I submit a claim?
First, veterans need to locate the medical evidence to prove their impairment. This includes X-rays and doctor's reports or any other documentation relevant to their health. The submission of these records to the VA is very important. 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 a filing of an intention to file. This form permits the VA to begin reviewing your claim before you have all the medical records that you require. This form also ensures the effective date of your compensation benefits in case you have a successful case.
The VA will schedule your medical exam once all of the information has been received. The VA will set the date for the examination depending on the number of disabilities as well as the type of disability you're claiming. Don't miss this exam because it could delay the process of submitting your claim.
The VA will provide you with a decision package once the examinations have been completed. If the VA decides to deny the claim, you'll have one year to request a more extensive review.
At this stage, a lawyer is able to help you. Accredited lawyers from VA can be involved in appeals from the start, which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans can be a source of frustration. The VA provides 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 should tell the VA why you are not happy with their decision. You don't need to list every reason however, you must mention everything that you disagree on.
It's also important to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. Most of the time, there are missing or insufficient records. This can sometimes lead to an error in the rating.
When you submit your NOD, you will be asked to decide if you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success when you opt for a DRO review than with the BVA.
You can request a personal hearing with an expert in senior ratings through an DRO review. The DRO will conduct an examination of your claim on an "de novo" basis, which means they will not give any deference to the previous decision. This usually results in a new Rating Decision. You can also request that the BVA in Washington review your claim. This is the most lengthy appeals process and it can take up to three years to reach an update on the decision.
How much will a lawyer charge?
A lawyer may charge a fee for helping you appeal an VA disability decision. The law as it stands today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. Typically the fees will be paid directly from any lump-sum payment you receive from the VA.
veterans disability attorney can look through the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide range of issues including pension claims, disability compensation and claims.
Most disability advocates for veterans operate on a contingent basis. They only receive compensation when they prevail in 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 past-due benefit amount.
In rare instances, an agent or attorney may decide to charge an per hour basis. However, this is uncommon due to two reasons. These issues could take months or even years to resolve. Additionally, many veterans and their families don't afford to pay an hourly fee.
Ken assists veterans in obtaining 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 disproportionately denying their disability claims.
What is an VA Disability?
The amount of monetary compensation per month provided to veterans suffering from service connected disabilities is based on their disability rating. The rating is determined by the severity of the injury or veterans Disability illness and can range from 0% up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is tax-free and provides a basic income for disabled veterans and their families.
VA offers additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the standard disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their retirement or disability benefits. These credits are also referred to as "credit for service."
Many of the conditions that make an individual for disability compensation are described in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. A veteran lawyer with experience can help a customer obtain this opinion, and provide the evidence required to prove the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to ensuring that our clients obtain the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.
How do I submit a claim?
First, veterans need to locate the medical evidence to prove their impairment. This includes X-rays and doctor's reports or any other documentation relevant to their health. The submission of these records to the VA is very important. 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 a filing of an intention to file. This form permits the VA to begin reviewing your claim before you have all the medical records that you require. This form also ensures the effective date of your compensation benefits in case you have a successful case.
The VA will schedule your medical exam once all of the information has been received. The VA will set the date for the examination depending on the number of disabilities as well as the type of disability you're claiming. Don't miss this exam because it could delay the process of submitting your claim.
The VA will provide you with a decision package once the examinations have been completed. If the VA decides to deny the claim, you'll have one year to request a more extensive review.
At this stage, a lawyer is able to help you. Accredited lawyers from VA can be involved in appeals from the start, which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans can be a source of frustration. The VA provides 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 should tell the VA why you are not happy with their decision. You don't need to list every reason however, you must mention everything that you disagree on.
It's also important to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. Most of the time, there are missing or insufficient records. This can sometimes lead to an error in the rating.
When you submit your NOD, you will be asked to decide if you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success when you opt for a DRO review than with the BVA.
You can request a personal hearing with an expert in senior ratings through an DRO review. The DRO will conduct an examination of your claim on an "de novo" basis, which means they will not give any deference to the previous decision. This usually results in a new Rating Decision. You can also request that the BVA in Washington review your claim. This is the most lengthy appeals process and it can take up to three years to reach an update on the decision.
How much will a lawyer charge?
A lawyer may charge a fee for helping you appeal an VA disability decision. The law as it stands today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. Typically the fees will be paid directly from any lump-sum payment you receive from the VA.
veterans disability attorney can look through the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide range of issues including pension claims, disability compensation and claims.
Most disability advocates for veterans operate on a contingent basis. They only receive compensation when they prevail in 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 past-due benefit amount.
In rare instances, an agent or attorney may decide to charge an per hour basis. However, this is uncommon due to two reasons. These issues could take months or even years to resolve. Additionally, many veterans and their families don't afford to pay an hourly fee.
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