Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. Ken also represents his 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 Disability Law Firms by disproportionately denying their disability claims.

What is an VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans who have service-connected disabilities. This rating is based upon the severity of an illness or injury, and can range between 0% and 100% in increments of 10 percent (e.g. 20% 30 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their families.

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

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

Code of Federal Regulations lists a variety of conditions that can qualify a veteran for disability compensation. Certain of these conditions however, require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and provide the proof needed to support the claim for disability benefits.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients get the disability benefits that they are entitled to. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after securing his own representation at a Board of veterans disability attorney Appeals Hearing, made veterans' rights the top priority in his practice.

How do I file a claim?

Veterans must first locate the medical evidence to prove their impairment. This could include X-rays, doctor's reports, as well in any other documentation related to the condition of the veteran. The submission of these records to the VA is essential. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This form lets the VA review your claim even before you have the necessary information and medical records. The form also keeps the date you can start receiving your compensation benefits in case you succeed in your claim.

The VA will schedule your exam after all the required information is received. This will be dependent on the number and type of disability you claim. Don't miss this exam because it could delay the process of submitting your claim.

Once the tests are complete, after the examinations are completed, VA will examine the evidence and then send you a confirmation packet. If the VA denies your claim you have a year from the date of the letter to request a more thorough review.

A lawyer can assist you in this situation. Lawyers who are accredited by VA can now be involved in the appeals from the start, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be a source of frustration. Thankfully there is a way to appeal the decision. VA has an appeals process for 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 explain to the VA the reasons why you did not agree with their decision. You don't have to list every reason, veterans disability Law firms but you must list all the points you disagree with.

It's also important to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. There are usually incomplete or missing data. In some instances it could lead to an error in the rating decision.

When you file your NOD, Veterans Disability Law firms you must choose whether you would like your case reviewed 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 than if it's viewed by the BVA.

You can request a private hearing with a senior rating expert via a DRO review. The DRO will examine your claim "de de novo" this means they will not rely on the previous decision. This typically results in the issue of a new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the longest appeals process and it can take up to three years before you receive an appeal to be heard.

How much does an attorney charge?

A lawyer can charge a fee for assisting you appeal an VA disability decision. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer prevailing in your case, or having your benefits increased through an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

veterans disability lawsuits are able to search the database of lawyers accredited to practice or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a wide range of issues, including pension and disability compensation 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 they also receive back pay from VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total past-due benefit.

In rare instances attorneys or agents may choose to charge on the hourly basis. This is uncommon due to two reasons. These issues can take months or years to be resolved. The second reason is that most veterans and their families can't afford to pay on an hourly basis.