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Veterans Disability Litigation
Ken assists veterans in obtaining 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 veterans disability lawsuit Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is what is 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 based on the severity of the injury or illness and can range from 0% to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.
VA offers additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and hospitalization, automobile allowances, as well as hospitalization allowances. These are in addition to basic disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans special credits to boost their lifetime earnings for disability or retirement benefits. These additional credits are referred to as "credit for service."
Code of Federal Regulations lists numerous 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 a client in obtaining this opinion and provide the proof needed to prove a claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients get the disability benefits they are entitled to. We have handled a variety of disability cases and we are well-versed with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who after securing his own representation in 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 make a claim?
Veterans must first find the medical evidence supporting their disability. This includes Xrays or doctor's notes, as well with any other documentation that is related to the veteran's condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).
The next step is the filing of an intention to file. This is a form that permits the VA to review your claim even before you have all the medical records you need. This form also preserves the date of effective compensation benefits in case you are successful in your case.
Once all the information is submitted after all the information has been received, the VA will arrange an examination for you. The VA will schedule an examination based on the number of disabilities and the type of disability you're claiming. Make sure you take the exam, since in the event you fail to take it, it could delay your claim.
The VA will send you a decision document when the examinations have been completed. If the VA refuses to accept the claim you have a year to request a more extensive review.
At this moment, a lawyer will assist you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit to those seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be frustrating. Fortunately that the VA has an appeals procedure for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement, you have to tell the VA the reasons you don't agree with their decision. You don't have to give every reason, but you should mention all the aspects you disagree with.
You must also request your C-file or claims file to determine what evidence the VA used to make their decision. There are often incomplete or missing data. This can result in an error in the rating.
When you file your NOD, it is up to you to decide if would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success if the DRO reviews your case than when it's reviewed by BVA.
You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will review your claim "de de novo" which means that they will not be influenced by the previous decision. This typically results in a new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process and can take up to three years before you receive an appeal to be heard.
What is the average amount an attorney can charge?
A lawyer may charge a fee to assist you appeal a VA disability decision. But, current law prohibits lawyers from charging fees to assist with a claim. This is because the fee has to be dependent on the lawyer winning your case or getting your benefits increased through an appeal. Typically these fees are paid out of any lump-sum payment you receive from the VA.
Veterans may be able to find accredited representatives via the VA's searchable database for accredited attorneys or claims representatives. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide range of matters such as disability compensation claims and pension claims.
Most veterans' disability advocates are paid on a contingency 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 but can be as high as 20 percent of the claimant's past due benefits.
In rare cases, an agent or lawyer may choose to charge an hourly fee. This isn't often the case due to two reasons. These issues could take months or even years to resolve. Additionally, many veterans and their families are unable to afford to pay on an hourly basis.
Ken assists veterans in obtaining 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 veterans disability lawsuit Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is what is 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 based on the severity of the injury or illness and can range from 0% to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.
VA offers additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and hospitalization, automobile allowances, as well as hospitalization allowances. These are in addition to basic disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans special credits to boost their lifetime earnings for disability or retirement benefits. These additional credits are referred to as "credit for service."
Code of Federal Regulations lists numerous 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 a client in obtaining this opinion and provide the proof needed to prove a claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients get the disability benefits they are entitled to. We have handled a variety of disability cases and we are well-versed with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who after securing his own representation in 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 make a claim?
Veterans must first find the medical evidence supporting their disability. This includes Xrays or doctor's notes, as well with any other documentation that is related to the veteran's condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).
The next step is the filing of an intention to file. This is a form that permits the VA to review your claim even before you have all the medical records you need. This form also preserves the date of effective compensation benefits in case you are successful in your case.
Once all the information is submitted after all the information has been received, the VA will arrange an examination for you. The VA will schedule an examination based on the number of disabilities and the type of disability you're claiming. Make sure you take the exam, since in the event you fail to take it, it could delay your claim.
The VA will send you a decision document when the examinations have been completed. If the VA refuses to accept the claim you have a year to request a more extensive review.
At this moment, a lawyer will assist you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit to those seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be frustrating. Fortunately that the VA has an appeals procedure for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement, you have to tell the VA the reasons you don't agree with their decision. You don't have to give every reason, but you should mention all the aspects you disagree with.
You must also request your C-file or claims file to determine what evidence the VA used to make their decision. There are often incomplete or missing data. This can result in an error in the rating.
When you file your NOD, it is up to you to decide if would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success if the DRO reviews your case than when it's reviewed by BVA.
You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will review your claim "de de novo" which means that they will not be influenced by the previous decision. This typically results in a new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process and can take up to three years before you receive an appeal to be heard.
What is the average amount an attorney can charge?
A lawyer may charge a fee to assist you appeal a VA disability decision. But, current law prohibits lawyers from charging fees to assist with a claim. This is because the fee has to be dependent on the lawyer winning your case or getting your benefits increased through an appeal. Typically these fees are paid out of any lump-sum payment you receive from the VA.
Veterans may be able to find accredited representatives via the VA's searchable database for accredited attorneys or claims representatives. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide range of matters such as disability compensation claims and pension claims.
Most veterans' disability advocates are paid on a contingency 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 but can be as high as 20 percent of the claimant's past due benefits.
In rare cases, an agent or lawyer may choose to charge an hourly fee. This isn't often the case due to two reasons. These issues could take months or even years to resolve. Additionally, many veterans and their families are unable to afford to pay on an hourly basis.
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