Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they are entitled to. 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 what is VA disability?

The amount of monthly monetary compensation provided to veterans disability attorney suffering from service connected disabilities is based on their disability rating. This rating is determined by the severity of an injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20% 30%, 20%, etc.). The amount is devoid of tax and provides a minimum income to the disabled veteran and his family.

VA provides additional compensation through other programs, for example individual unemployment allowances for clothing, hospitalization and prestabilization, allowances for automobiles, and hospitalization allowances. These benefits are in addition to basic disability compensation.

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

Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. Certain of these conditions however require an expert's opinion. A veteran lawyer with experience can assist a client in obtaining this opinion, and supply the necessary evidence to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits that they are entitled to. 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 in an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights an important aspect of his work.

How do I make a claim?

Veterans must first find the medical evidence supporting their disability. This could include X-rays, doctor's reports, as well as any other documentation related to the veteran's condition. It is vital to provide these documents to the VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intent to file. This form permits the VA to review your claim even before you have all the medical records required. The form also keeps the effective date of your compensation benefits in the event you succeed in your claim.

When all the information is provided When all the information is submitted, the VA will schedule an examination for you. The VA will schedule the exam according to the number of disabilities as well as the type of disability you claim. If you fail to attend this test, it could delay the process of your claim.

After the examinations are completed After the examinations are completed, the VA will examine the evidence and send you a decision packet. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can help at this point. Lawyers who are accredited by VA can now be involved in the appeals right from the beginning, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a difficult experience. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA why you disagreed with their decision. You don't have to list every reason, but you must state all the issues that you disagree with.

You must also request your C-file or claims file to determine the evidence that the VA used to make their decision. Sometimes there are no or insufficient records. In some instances it could lead to an error in the rating decision.

When you file your NOD, you must choose whether you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success when the DRO examines your case rather than when it's reviewed by the BVA.

You can request a private hearing with an expert in senior rating through a DRO review. The DRO will examine your claim "de novo" which means they will not be influenced by the previous decision. This typically results in the issue of a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the longest demanding appeals process and usually can take between one and three years to get a new decision.

How much will a lawyer charge?

Lawyers may charge a fee to help you appeal a VA disability decision. However, the law currently prohibits lawyers from charging fees to assist when submitting a claim. The fee is only payable when the lawyer wins your case or increases your benefits through an appeal. Typically the fees are directly derived from any lump-sum payment you receive from the VA.

Veterans may be able find accredited representatives through the VA's searchable database that lists accredited attorneys or claims agents. These individuals have been certified by the Department of veterans disability law firms Affairs to represent service members, veterans, dependents, or survivors in a variety of matters including disability compensation and pension claims.

Most disability advocates for veterans operate on a contingent basis. They only get paid when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total past-due benefit award.

In rare cases, an agent or lawyer may choose to charge an hourly rate. However, this is uncommon due to two reasons. First, these situations tend to be time-consuming and can last for months or even years. In addition, many veterans and their families can't afford to pay an hourly fee.