Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability benefits they deserve. Ken also represents 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 by disproportionately denying their disability claims.

What is what is VA Disability?

The amount of monthly monetary compensation provided to veterans suffering from service-related disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and may range between 0% and 100% in increments of 10 percent (e.g. 20%, 30 percent, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their families.

VA provides additional compensation through other programs, like individual unemployment allowances for clothing prestabilization and veterans disability law firms hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.

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

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. However, some of these circumstances require an expert's opinion. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the evidence required to support an application for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients get the disability benefits they are entitled to. We have handled thousands disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself in a Board of Veterans Appeals Hearing, made veterans' rights an integral part of his practice.

How do I make a claim?

Veterans must first locate the medical evidence to prove their impairment. This includes X-rays or doctor's reports as well with any other documentation that is related to the veteran's condition. The submission of these records to the VA is crucial. If a veteran doesn't have these documents, the VA should be notified by the applicant (or their VSO).

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

The VA will schedule your exam after all the information has been received. It will depend on the type and number of disability you claim. Don't miss this exam because it could delay the process of submitting your claim.

The VA will send you a decision-making package after the tests have been completed. If the VA refuses to accept the claim you'll have a year to request a higher-level review.

At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a frustrating experience. The VA has an appeals process for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice Of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. You don't have to list all the reasons but you should include all the points you disagree with.

You should also request your C file or claims file so that you can see what evidence the VA used to arrive at their decision. Sometimes there are gaps or insufficient records. This could lead to an error in the rating.

When you file your NOD, you'll be asked to choose whether you want your case to be reviewed by a Board of veterans disability lawyers Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO reviews your case than if it's viewed by the BVA.

With an DRO review, you have the option of asking for a personal hearing before an experienced senior rating specialist. The DRO will review your claim "de novo", meaning that they will not rely on the previous decision. This usually will result in a brand new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the most time consuming appeals path and typically takes one to three years to get an updated decision.

How much will a lawyer charge?

Lawyers may charge a fee to help you appeal a VA disability decision. However, the law currently prohibits lawyers from charging for initial assistance when submitting a claim. The fee is only due if the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees are directly derived from any lump-sum payments you get from the VA.

veterans disability law firms (click here to read) are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors in a range of issues including disability compensation and pension claims.

The majority of veterans' disability advocates operate on a contingent basis. They only receive compensation when they succeed in winning their client's appeal and they are also paid back from VA. The amount of back pay that is given varies, but it can be as much as 20 percent of the claimant's total past due benefits.

In rare cases attorneys or agents may decide to charge on an the basis of an hourly rate. This is uncommon due to two reasons. These issues can take months or even years to resolve. Second, most veterans and their families can't afford to pay for these services on an hourly basis.