Veterans Disability Litigation

Ken counsels military fairview veterans disability attorney to assist them in obtaining the disability compensation they are entitled to. He assists his clients at 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 discriminating against their disability claims.

What is an VA disability?

The amount of monthly monetary compensation paid to veterans with service connected disabilities is based on their disability rating. The rating is determined by the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The amount is devoid of tax and provides a basic income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation such as individual unemployment, car allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

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

Code of Federal Regulations lists a variety of conditions that make a veteran eligible for disability compensation. However, certain conditions require an expert opinion. A veteran lawyer with experience can assist a client in obtaining this opinion, and supply the necessary evidence to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients receive the benefits they're entitled to. We have handled thousands of disability cases and we are well-versed with the complexities of VA regulations and laws. Our firm was created by a disabled veteran who made fighting for veterans rights a major part of his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans must first find the medical evidence that proves their disability. This includes Xrays, doctor's reports or other documentation that relate to their condition. Giving these records to VA is essential. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).

The next step is the filing of an intention to file. This form permits the VA to review your claim, even before you have all the medical records required. It also keeps your date of effective for benefits when you win your case.

The VA will schedule your examination when all details have been received. The VA will set the date for the examination in accordance with the number of disabilities and the type of disability you're claiming. Attend this exam as missing it could delay the process of your claim.

The VA will send you a decision document after the tests have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.

At this stage, a lawyer is able to assist you. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a a huge benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a frustrating experience. Thankfully, 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 sent you the Rating Decision. In your Notice of Disparage, you must inform the VA why you disagree with their decision. You don't have to give every reason, but you must be clear about the issues you don't agree 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 insufficient or missing records. This can lead to an error in the rating.

If you submit your NOD it is up to you to decide if want to have your case examined 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 when it's reviewed by BVA.

You can request a private hearing with an expert in senior Vimeo ratings through an DRO review. The DRO will review your claim "de novo", meaning that they will not be influenced by the previous decision. This usually results in an entirely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the most time taking appeals route and typically takes anywhere from one to three years to obtain a new decision.

How much does a lawyer charge?

Lawyers may charge a fee to assist you appeal an VA disability decision. However, current law prohibits lawyers from charging for assistance when submitting a claim. This is because the fee is contingent upon the lawyer winning your case, or getting your benefits increased by an appeal. Typically the fees will be directly derived from any lump-sum payment you receive from the VA.

Veterans can search the VA's database of attorneys accredited by the VA 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 in a variety of issues including disability compensation and pension claims.

Most veterans' disability advocates operate on a contingent basis. They only get paid when they win their client's appeal, and also receive back pay from VA. The amount of backpay granted can differ, but it can be as high as 20 percent of a claimant's past due benefits.

In rare instances, an agent or attorney might decide to charge on an an hourly basis. This isn't often the case due to two reasons. First, these matters are usually time-consuming and can drag on for months or even years. In addition, many veterans and their families are unable to afford an hourly fee.