Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability benefits they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans disability lawsuits for a long time by rejecting their disability claims in adisproportionate way, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

The amount of monetary compensation per month paid to veterans with service connected disabilities is based on their disability rating. The rating is determined by the severity of the illness or injury and can vary from 0% to 100% in increments of 10% (e.g., 20%, 30% etc). The amount is devoid of tax and provides a basic amount of income to the disabled veteran and his family.

VA provides additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and hospitalization, car allowances, and hospitalization allowances. These are in addition to the standard disability compensation.

In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their lifetime earnings for disability or retirement benefits. These extra credits are referred to as "credit for service."

Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. However, a few of these conditions require an expert's opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the evidence needed to support an application for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients to receive the benefits they're entitled to. We have handled thousands of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

Veterans must first locate the medical evidence supporting their disability. This includes X-rays, doctor's reports or any other documentation relevant to their medical condition. It is vital to provide these records to VA. If a veteran does not have these documents then the VA should be notified by the claimant (or their VSO).

The next step is to make an intent to file. This is a form that permits the VA to begin reviewing your claim before you have all the medical records that you require. It also protects your date of effective for benefits if you win your case.

The VA will schedule your exam after all the information has been received. This will be dependent on the amount and type of disabilities you are claiming. Attend this exam as missing it could delay the process of your claim.

The VA will send you a decision document when the examinations have been completed. If the VA rejects your claim, you have one year from the date of the letter to request a more thorough review.

At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a gruelling experience. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA why you were dissatisfied with their decision. It is not necessary to list every reason, but you should state all the issues that you disagree with.

You should also request your C-file or claims file so that you can determine the evidence that the VA used to reach their decision. There are usually documents that are not complete or have been deleted. This could lead to an error in the rating.

When you submit your NOD, you will be asked if you want your case reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a greater chance of success with a DRO review than with the BVA.

You can request a personal hearing with a senior rating expert through an DRO review. The DRO will conduct a review of your claim on the basis of a "de de novo" basis, meaning they do not give deference to the previous decision. This usually results in a totally new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the time consuming appeals path and typically can take between one and three years to obtain a new decision.

How much can a lawyer charge?

A lawyer can charge a fee for helping you appeal the VA decision regarding a disability claim. However, current law prevents lawyers from charging for initial assistance when submitting a claim. This is due to the fact that the fee must be contingent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically the fees are paid out of the lump-sum payments that 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. These people are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a wide range of matters such as pension and disability compensation claims.

Most disability advocates for veterans are paid on an hourly basis. This means that they only get paid if they win the appeal of the client and get back payment from the VA. The amount of backpay that is awarded can vary but it could be as high as 20 percent of a claimant's past due benefits.

In rare cases, an agent or lawyer might decide to charge an hourly rate. But, this isn't common due to two reasons. These issues can take months or years to resolve. Second, many veterans and their families don't afford an hourly fee.