Veterans Disability Litigation

Ken advises veterans of the military to help them obtain the disability benefits they deserve. He 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 by disproportionately denying their disability claims.

What is a VA disability?

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

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

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

Many of the conditions that qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. However, a few of these circumstances require an expert's opinion. A seasoned veteran attorney can assist a client in obtaining an opinion, and also provide the evidence required to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are well-versed 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 in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.

How do I make a claim?

Veterans must first find the medical evidence supporting their impairment. This includes Xrays, doctor's reports or any other documentation relevant to their condition. Giving these records to VA is vital. If a veteran doesn't have these documents then the VA must be informed by the applicant (or their VSO).

The next step is to fill out an intent to file. This form lets the VA to review your claim before you have all the required information and medical records. It also protects your effective date for receiving compensation when you win your case.

When all the data is in When all the information is submitted, the VA will schedule an exam for you. It will depend on the quantity and type of disabilities you are claiming. Don't miss this exam because it could delay the processing of your claim.

The VA will send you a decision document once the examinations have been completed. If the VA denies your claim, you have a year from the date of the letter to request a higher-level review.

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

How do I appeal a denial?

A denial of disability benefits can be a frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement, you should explain to the VA why you are not happy with their decision. You don't have to list every reason, but you should mention everything you disagree with.

It's also crucial to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. Most of the time there are missing or insufficient records. This can sometimes lead to an error in the rating.

When you file your NOD you will need to decide if you want to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO examines your case than when it's reviewed by the BVA.

When you request an DRO review you have the option of asking for veterans Disability a personal hearing before a senior rating specialist. The DRO will conduct a review of your claim on an "de de novo" basis, which means that they do not give deference to the previous decision. This usually results in a new Rating Decision. Alternately, veterans Disability you can opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals procedure and can take up to three years for an appeal to be heard.

What is the average amount an attorney can charge?

A lawyer could charge a fee to help you appeal a VA disability decision. However, current law prohibits lawyers from charging fees for assistance with a claim. The fee is only due when the lawyer wins your case or increases your benefits by filing an appeal. Typically these fees are directly derived from the lump-sum payments that you receive from the VA.

Veterans may be able to locate accredited representatives using the VA's searchable database of accredited attorneys or claims representatives. They have been vetted by the Department of Veterans Affairs to represent veterans disability attorneys, service members or their dependents in a range of issues including pension and disability compensation claims.

Most veterans' disability advocates work on a contingency basis. They only receive compensation when they prevail in their client's appeal and they are also paid back from VA. The amount of backpay given can be different, but it can be as high as 20 percent of the claimant's past due benefits.

In rare instances, an agent or attorney may choose to charge on an hourly basis. This is not common due to two reasons. First, these matters can be time-consuming and can drag on for months or even years. Second, many veterans disability attorneys and their families cannot afford an hourly fee.