Veterans Disability Litigation

Ken assists veterans in navigating the system to help them get the disability compensation they are entitled to. He assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by rejecting their disability claims in adisproportionate way in an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The amount of monthly monetary compensation paid to veterans with service-related disabilities is determined on their disability rating. This rating is based on the severity of the injury or illness and can range from 0% up to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the regular disability compensation.

In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credit to boost their lifetime earnings for disability or retirement benefits. These additional credits are referred to as "credit for service."

Many of the conditions that can qualify disabled veterans for disability benefits are included in the Code of Federal Regulations. Certain of these conditions, however require the opinion of an expert. An experienced 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 disabled atchison veterans disability law firm claims and appeals. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled thousands disability cases and we are well-versed with the intricacies of VA laws and procedures. Our firm was created by a disabled veteran who made fighting for veterans rights a top priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first locate the medical evidence of their disability. This includes X-rays or doctor's reports, as well any other documentation pertaining to the condition of the veteran. It is important to provide these records to VA. If a veteran doesn't have these documents, they must be provided 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 permits the VA to begin reviewing your claim, even before you have all the medical records that you require. It also preserves your date of eligibility for compensation benefits should you prevail in your case.

If all the required information is in after all the information has been received, the VA will schedule an appointment for you. It will depend on the quantity and attorneys type of disability you claim. Make sure you attend the exam, since if you miss it the exam could delay your claim.

Once the tests are complete, the VA will examine the evidence and give you a decision package. If the VA denies your claim, you have one year from the date of the letter to request a higher-level review.

A lawyer can be of assistance in this situation. VA-accredited attorneys can now get 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 gruelling experience. Thankfully that the VA has an appeals process for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason, but you should mention all the points you disagree with.

You must also request a C-file or claims file so that you can see what evidence the VA used to make their decision. There are usually documents that are not complete or have been deleted. This can sometimes lead to an error in the rating.

When you submit your NOD, you will be asked to select whether you want your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success if the DRO reviews your case, compared to when it's reviewed by the BVA.

You can request a private hearing with an expert in senior ratings through an DRO review. The DRO will conduct the review of your claim on a "de novo" basis, which means that they will not give any deference to the previous decision. This typically will result in a brand new Rating Decision. You can also choose to request that the BVA in Washington review your claim. This is the longest appeals process and it can take approximately three years to get an update on the decision.

How much will a lawyer charge?

Lawyers may charge a fee to assist you appeal an VA disability decision. The law in place today does not allow lawyers to charge for initial assistance in 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 paid out of any lump-sum payments you receive from the VA.

Veterans may be able find accredited representatives through the VA's searchable database for accredited attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or their dependents in a wide range of matters including pension claims, disability compensation and claims.

The majority of veterans' disability advocates operate on a contingent basis. This means that they are only paid if they are successful in winning the client's appeal and receive back payment from the VA. The amount of backpay awarded can vary but it could be as high as 20 percent of a claimant's past-due benefits.

In rare cases attorneys or agents might decide to charge on an the hourly basis. But, this isn't common due to two reasons. These issues can take months or years to resolve. Additionally, many kirtland veterans disability lawyer and their families can't afford to pay for these services on an hourly basis.