Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims as per the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The amount of monetary compensation per month that veterans receive for disabilities resulting from service is based on their disability rating. This rating is determined by the severity of an injury or illness, and can range between 0% and 100% in increments of 10 percent (e.g. 20 percent 30%, 20%, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their family.

The VA also has other programs that provide additional compensation, such as individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the regular disability compensation.

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

A majority of the conditions that allow disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. However, certain circumstances require an expert's opinion. A seasoned veteran attorney can assist a customer in obtaining this opinion, and provide the evidence needed to support an claim for disability compensation.

Sullivan & Kehoe is experienced in representing georgia veterans disability attorney with disabilities claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they deserve. We have handled thousands of disability cases and are knowledgeable in the complicated nature 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 Appeals Hearing and making veterans' rights a priority for his practice.

How do I file a claim?

Veterans must first locate the medical evidence supporting their disability. This includes any X-rays, doctor's reports, or other documents that relate to their health. Providing these records to the VA is vital. If a veteran doesn't have these documents, the VA should be notified by the applicant (or their VSO).

The next step is to make an intent to file. This is a form that allows the VA to review your claim, even before you have all the information and medical records required. This form also ensures the date of effective compensation benefits if you win your case.

The VA will schedule your examination once all of the information has been received. The VA will schedule an exam depending on the number of disabilities and the 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 once the examinations have been completed. If the VA refuses to accept the claim you'll have a year to request a more thorough review.

A lawyer can assist you at this point. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a very frustrating experience. Fortunately the VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your notice of disagreement, you should tell the VA why you disagree with their decision. You don't need to list all the reasons but you should list everything that you disagree on.

It's also important to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. This can lead to a mistake in the rating.

If you file your NOD, it will be asked to decide if you would like your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll be more likely to have success with a DRO review than with the BVA.

If you are subject to the DRO review, you can request a personal hearing before an experienced senior rating specialist. The DRO will conduct an examination of your claim on a "de novo" basis, which means they will not give any deference to the previous decision. This typically results in a new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the longest appeals procedure and can take approximately three years to get a new decision.

What is the average amount an attorney can charge?

Lawyers can charge a fee to assist you appeal an VA decision regarding the basis of disability. However, current law prevents lawyers from charging for assistance in the case. This is because the fee has to be dependent on the lawyer prevailing in your case or getting your benefits increased through an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans can look through the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad range of matters such as disability compensation claims and pension claims.

Most veterans' disability advocates work on a contingency. They only get paid when they prevail in their client's appeal and they are also paid back from VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's total past-due benefits.

In rare cases lawyers or lawyers agents could decide to charge an hourly fee. This is not common due to two reasons. First, these issues are often time consuming and can go on for months or even years. Additionally, many veterans and their families can't afford to pay for these services on an hourly basis.