Veterans Disability Litigation

Ken assists veterans to obtain 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 denial of their disability claims.

What is an VA Disability?

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

The VA also offers other programs that offer additional compensation such as the individual unemployed, the automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credits they can utilize to increase their lifetime earnings and be eligible for disability or retirement benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. However, a few of these conditions require an expert's advice. A skilled lawyer with years of experience can assist a client to obtain this opinion and present the evidence required to prove the claim for disability benefits.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to helping our clients receive the disability benefits that they are entitled to. We have handled a variety of disability cases and are well-versed with the intricacies of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans rights a key part of his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I submit a claim?

The first step is to find the medical evidence for their impairment. This includes any X-rays, doctor's reports or other documentation relevant to their health. Giving these records to VA is crucial. If a veteran does not have these documents and the VA must be informed by the applicant (or their VSO).

The next step is a filing of an intention to file. This is a form that permits the VA to begin reviewing your claim before you have all the information and medical records that you require. It also ensures that you have an date of effective for benefits if you win your 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 based on the severity of your disability and the type you are claiming. Don't miss this exam because it could delay the process of your claim.

After the examinations have been completed Once the examinations are complete, after the examinations are completed, VA will examine the evidence and give you a decision-making packet. If the VA rejects the claim, you'll have a year to request a higher-level review.

A lawyer can be of assistance in this situation. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

Denial of veterans' disability benefits can be a source of frustration. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you must tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you should be clear about the issues you don't agree with.

You must also request a C-file, or claims file, to see the evidence that the VA used to make their decision. Most of the time there are missing or incomplete records. In certain cases this could lead to an error in the rating decision.

After you have submitted your NOD, it will be asked to choose whether you would like your case reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success with a DRO review than with the BVA.

In the event of an DRO review, you have the option of requesting a personal hearing before a senior rating specialist. The DRO will conduct the review of your claim on the basis of a "de de novo" basis, meaning they will not give any deference to the previous decision. This usually results in an entirely new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the most lengthy appeals process, and it could take up to three years for an appeal to be heard.

How much does a lawyer charge?

A lawyer can charge a fee for helping appeal a VA decision regarding an appeal for disability. The law in place today does not allow lawyers to charge for initial assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans may be able find accredited representatives via the VA's searchable database of accredited attorneys or claims agents. These people have been accredited by the Department of veterans disability lawyer Affairs to represent service members, veterans, dependents, or survivors in a range of issues such as disability compensation and pension claims.

The majority of veterans' disability advocates are paid on an hourly basis. They only receive compensation when they succeed in winning their client's appeal and also receive back pay from VA. The amount of backpay that is paid can vary however it could be as high as 20 percent of the claimant's past-due benefits.

In rare instances, an agent or attorney may decide to charge an per hour basis. But, this isn't common due to two reasons. These issues can take months or years to be resolved. In addition, the majority of veterans and their families cannot afford to pay on an hourly basis.