Veterans Disability Litigation

Ken counsels military veterans to assist them in getting the disability compensation 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 denial of their disability claims.

What is what is VA Disability?

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

VA offers additional compensation through other programs, like individual unemployment allowances for clothing prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credits they can utilize to increase their earnings over time to qualify for retirement or disability benefits. These extra credits are referred to as "credit for service."

A majority of the conditions that qualify disabled veterans for disability benefits are included in the Code of Federal Regulations. Certain of these conditions however require the opinion of an expert. An experienced lawyer can help a customer obtain this opinion, and provide the evidence needed to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled thousands of disability cases and we 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 at a Board of Veterans Appeals hearing.

How do I submit a claim?

First, veterans must look up the medical evidence that supports their disability. This includes X-rays and doctor's reports, as well in any other documentation related to the condition of the veteran. It is essential to submit these documents to the VA. If a veteran doesn't have these documents, the VA must be informed by the claimant (or their VSO).

The next step is to make an intent to file. This form lets the VA examine your claim even before you have the needed information and medical records. It also protects your date of effective for benefits if you win your case.

When all the information is provided, the VA will schedule an examination for you. This will depend on the amount and type of disability you claim. Attend this exam as missing it could delay the process of submitting your claim.

The VA will send you a decision package after the examinations are completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.

At this stage, a lawyer is able to help you. VA-accredited lawyers can now be involved in appeals from the beginning which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans disability lawsuit is a frustrating experience. Fortunately, the VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA why you are not happy with their decision. You don't have to list every reason, but you must state all the issues that you disagree with.

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

When you file your NOD, you must decide whether you would like to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a better chance of success when you opt for the DRO review DRO review than with the BVA.

If you are subject to an DRO review, you have the option of requesting an individual hearing with a senior rating specialist. The DRO will review your claim "de novo" this means they will not accept the previous decision. This usually results in an entirely new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the longest consuming appeals path and typically takes one to three years to obtain a new decision.

How much does an attorney charge?

A lawyer can charge a fee to help appeal the VA decision on the basis of disability. The current law does not permit lawyers to charge fees for initial assistance in a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits via an appeal. Typically these fees are directly derived from any lump-sum payment you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database for licensed attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and can represent service members, veterans or their dependents in a wide range of issues, including pension claims, disability compensation and claims.

Most veterans' disability advocates operate on a contingent basis. This means that they will only be paid if they win the appeal of the client and receive back payments from the VA. The amount of backpay given can be different but it could be as high as 20 percent of the claimant's past due benefits.

In rare instances an attorney or agent might decide to charge an hourly fee. But, this isn't common for two reasons. First, these matters are usually time-consuming and can take months or even years. Second, most veterans and their families are unable to afford to pay on an hourly basis.