Veterans Disability Litigation

Ken advises veterans of the military to assist them in getting the disability benefits they deserve. Ken is also a lawyer for 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 holladay veterans disability attorney by disproportionately denying their disability claims.

What is an VA Disability?

The amount of monetary compensation per month that veterans receive for service-related disabilities is based on their disability rating. The rating is based on the severity of an injury or illness and may range between zero and 100% in increments of 10% (e.g. 20%, 30%, etc.). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.

VA provides additional compensation through other programs, including individual unemployment, clothing allowances, hospitalization and prestabilization, allowances for automobiles, and hospitalization allowances. These are in addition to the standard disability compensation.

The Social Security Administration also gives veterans special credits they can utilize to increase their lifetime earnings and be eligible for disability or retirement benefits. These extra credits are called "credit for service."

Many of the conditions that qualify an individual for disability compensation are listed in the Code of Federal Regulations. However, a few of these circumstances require an expert's opinion. A veteran lawyer with experience 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 disabled veterans claims and appeals. We are committed to ensuring that our clients receive the disability benefits that they deserve. We have handled thousands disability cases and 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 key part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

The first step is to look up the medical evidence to prove their disability. This includes X-rays or doctor's reports as well as any other documentation related to the veteran's condition. Providing these records to the VA is vital. If a veteran doesn't have these documents and the VA should be notified by the applicant (or their VSO).

The next step is the filing of an intention to file. This is a form that permits the VA to begin reviewing your claim even before you have all the information and medical records you need. This form also preserves the date of effective compensation benefits if you succeed in your claim.

The VA will schedule your exam when all information is received. The VA will schedule an exam depending on the number of disabilities as well as the type you claim. Make sure that you take the exam, since if you miss it and fail to take it, it could hinder your claim.

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

At this point, a lawyer can assist you. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is a an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans can be extremely frustrating. Fortunately that the VA has an appeals process for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't need to list all of the reasons but you should list everything 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. There are usually documents that are not complete or have been deleted. This could lead to an error in the rating.

When you file your NOD, you must decide whether you prefer to have your situation reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a greater chance of success when you opt for a DRO review than with the BVA.

You can request a personal hearing with an expert in senior Vimeo ratings through an DRO review. The DRO will review your claim "de de novo" which means they will not rely on the previous decision. This typically will result in a brand new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and it can take approximately three years to get an appeal to be heard.

How much can an attorney charge?

A lawyer may charge a fee for helping you appeal an VA disability decision. The law currently does not permit lawyers to charge for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer prevailing in your case, or receiving your benefits increased as a result of an appeal. Typically these fees are paid out of any lump-sum payments you receive from the VA.

Veterans are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. These people are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a broad range of matters including pension and disability compensation claims.

The majority of veterans' disability advocates work on a contingency basis. This means that they are only paid if they succeed in winning the client's appeal and are awarded back payments from the VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total past-due benefit amount.

In rare instances lawyers or agents might decide to charge an hourly rate. This is uncommon due to two reasons. These issues can take a long time to resolve. The second reason is that many veterans and their families cannot afford an hourly fee.