Veterans Disability Litigation

Ken counsels military veterans to assist them in getting the disability compensation they are entitled to. He 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 Veterans decades against Black veterans by denial of their disability claims.

What is an VA disability?

The disability rating determines the amount of compensation per month paid to veterans who have service-connected disabilities. This rating is determined by the severity of an injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30%, 20 percent, etc.). The compensation is tax-free and provides basic income for disabled veterans and their families.

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

In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credit to boost their earnings over the course of their lives for disability or retirement benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. However, a few of these conditions require an expert opinion. A veteran lawyer with experience can help a customer obtain an opinion, and also provide the evidence required to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients get the benefits they're entitled to. We have handled thousands of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself at an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.

How do I make a claim?

Veterans need to first collect the medical evidence of their disability. This includes X-rays or doctor's notes, as well with any other documentation that is related to the condition of the veteran. It is essential to submit these records to 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 fill out an intent to file. This form permits the VA to review your claim, even before you have all the information and medical records you require. This form also preserves the date on which you will receive your compensation benefits if you are successful in your case.

The VA will schedule your examination when all details have been received. This will be dependent on the quantity and type of disabilities you are claiming. In the event that you do not attend this exam, it could delay the processing of your claim.

Once the tests are complete after which the VA will review the evidence and send you a decision-making packet. If the VA denies the claim, you'll have a year to request a more thorough review.

A lawyer can help at this point. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a huge benefit to people seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans disability attorneys can be frustrating. The VA provides an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you must inform the VA why you are not happy with their decision. You don't need to list every reason, but you must state all the issues that you don't agree with.

It's also important to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are usually insufficient or missing records. In some instances, this can lead to an error in the rating decision.

If you file your NOD, the applicant will be asked if you want your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. In general, you will have a better chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a private hearing with a senior rating expert via the process of a DRO review. The DRO will review your claim "de de novo" which means that they will not defer to the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most time consuming appeals path and typically takes between one and three years to receive a new decision.

How much will a lawyer charge?

A lawyer can charge a fee for helping you appeal an VA disability decision. However, current law prohibits lawyers from charging fees to assist when submitting a claim. The fee is only due if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically these fees are paid directly out of any lump-sum payment you receive from the VA.

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

Most veterans' disability advocates are paid on an ad-hoc basis. This means that they will only be paid if they prevail in the client's appeal and receive back payments from the VA. The amount of backpay paid can vary, but it can be as high as 20 percent of a claimant's past due benefits.

In rare cases an attorney or agent might decide to charge an hourly fee. This is not common for two reasons. First, these cases are usually time-consuming and can go on for months or even years. Additionally, many veterans and their families don't afford an hourly fee.