Veterans Disability Litigation

Ken counsels military veterans to assist them in obtaining the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of veterans disability attorneys Affairs discriminated against Black veterans for decades, disproportionately rejecting their disability claims according to a lawsuit filed last week by Yale Law School's veterans disability lawsuit Legal Services Clinic.

What is a VA Disability?

The amount of monthly monetary compensation given to veterans with service-related disabilities is determined on their disability rating. This rating is determined by the severity of an illness or injury and can vary between 0% and 100% in increments of 10 percent (e.g. 20 percent 30, 30 percent, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their families.

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

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

A majority of the conditions that make a veteran for disability compensation are included in the Code of Federal Regulations. Certain of these conditions however, require an expert's opinion. A seasoned veteran attorney can assist a client in obtaining this opinion and provide the necessary evidence to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients obtain the benefits they're entitled to. We have handled thousands disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was started by a disabled vet who made fighting for veterans' rights a major part of his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I claim a benefit?

Veterans need to first collect the medical evidence of their impairment. This includes X-rays and doctor's reports or other documentation related to their condition. It is crucial to provide these documents to the VA. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).

The next step is to fill out an intent to file. This is a form that allows the VA to review your claim before you have all the medical records that you require. It also preserves your effective date for compensation benefits in the event that you win your case.

If all the required information is received when all the information is in, the VA will schedule an examination for you. The VA will set the date for the examination based on the number of disabilities as well as the type of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.

Once the examinations are complete Once the examinations are complete, the VA will examine the evidence and give you a decision-making packet. If the VA rejects the claim, you will have one year to request a more extensive review.

At this point, a lawyer can assist you. Lawyers who are accredited by VA can now be involved in appeals from the beginning, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans can be a source of frustration. The VA offers an appeals procedure for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office that sent you the Rating decision. In your notice of disagreement, you must inform the VA the reason you don't like their decision. You don't need to list all of the reasons however, you must mention everything that you disagree on.

You should also request your C-file or claims file so that you can determine the evidence that the VA used to arrive at their decision. There are usually incomplete or missing data. This can lead to a mistake in the rating.

When you file your NOD, it is up to you to decide if prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO examines your case than when it's reviewed by BVA.

You can request a personal hearing with a senior rating expert through the process of a DRO review. The DRO will conduct the review of your claim on an "de de novo" basis, which means that they will not give deference to the previous decision. This typically results in a new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest appeals process and can take up to three years for an appeal to be heard.

What is the cost an attorney could charge?

A lawyer may charge a fee to assist appeal the VA decision on an appeal for disability. However, current law prevents lawyers from charging fees to assist with a claim. The fee is only due when the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans may be able to locate accredited representatives using the VA's searchable database for accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors in a variety of issues including pension and disability compensation claims.

Most disability advocates for veterans are paid on an ad-hoc basis. This means that they only get paid if they succeed in winning the client's appeal and receive back payments from the VA. The amount of back pay that is given varies, but it can be as high as 20 percent of the claimant's past-due benefit award.

In rare instances, an agent or lawyer could decide to charge an hourly fee. However, this is not the norm for two reasons. These issues can take a long time to be resolved. In addition, the majority of veterans and their families can't afford to pay for these services on an hourly basis.