Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability compensation they are entitled to. Ken assists his clients at 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, disproportionately refusing their disability claims.

What is what is VA disability?

The amount of monthly monetary compensation paid to veterans with disabilities resulting from service is based on their disability rating. This rating is based on the severity of the injury or illness and can vary from 0% to 100% in increments of 10% (e.g., veterans Disability 20%, 30% etc). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.

VA offers additional compensation through other programs, including individual unemployment allowances for clothing as well as prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the regular disability compensation.

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

Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. Some of these conditions, however require an expert's advice. An experienced lawyer can assist a client obtain an opinion, and also provide the necessary evidence to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients receive the disability benefits that they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who after securing his own representation at an appeals hearing before the Board of veterans disability lawyer Appeals Hearing, made veterans' rights an important aspect of his work.

How do I submit a claim?

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

The next step is a filing of an intention to file. This form lets the VA examine your claim even before you have the needed information and medical records. It also preserves your effective date for receiving compensation when you win your case.

The VA will schedule your exam when all details have been received. It will depend on the amount and 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 Once the examinations are complete, after the examinations are completed, VA will examine the evidence and send you a decision packet. If the VA rejects your claim, you have one year from the date of the letter to request a more thorough review.

A lawyer can be of assistance at this point. VA-accredited lawyers 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?

Denial of veterans' disability benefits can be a source of frustration. The VA offers an appeals procedure for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. You don't have to list all of the reasons but you should include all the points you disagree with.

It's also crucial to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. There are usually incomplete or missing data. In some cases, this can lead to an error in the rating decision.

If you file your NOD, it will be asked to decide if you would like your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success when the DRO reviews your case than if it's viewed by the BVA.

You can request a personal hearing with an expert in senior rating through the process of a DRO review. The DRO will examine your claim "de novo" which means they will not defer to the previous decision. This typically results in a completely new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the time demanding appeals process and usually takes one to three years to obtain an updated decision.

How much does an attorney charge?

A lawyer can charge a fee for helping you appeal an VA decision regarding an appeal for disability. The law as it stands today does not permit lawyers to charge for initial assistance in a claim. This is because the fee has to be contingent on the lawyer winning your case, or getting your benefits increased by an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

Veterans can search the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans disability veterans or their dependents on a range of issues including disability compensation and pension claims.

The majority of veterans' disability advocates work on a contingency basis. They only get paid when they prevail in their client's appeal and they receive back pay from VA. The amount of back pay granted varies, but could be as much as 20 percent of the claimant's total past-due benefit.

In rare instances lawyers or agents might decide to charge an hourly rate. This is not common due to two reasons. These matters can take a long time to be resolved. Second, most veterans and their families are unable to afford to pay for these services on an hourly basis.