Veterans Disability Litigation

Ken advises veterans of the military to assist them in obtaining the disability compensation they deserve. Ken assists his clients at VA Board of Veterans Appeals Hearings.

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

What is an VA Disability?

The amount of monthly monetary compensation provided to veterans suffering from service connected disabilities is based on their disability rating. This rating is based upon the severity of an injury or illness and can range from 0% and 100% in increments of 10 percent (e.g. 20% 30%, 20%, 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 like individual unemployment, auto allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

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

Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's opinion. A seasoned lawyer with experience can assist a client in obtaining this opinion and present the evidence required to prove an application for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients get the disability benefits they deserve. We have handled thousands disability cases and are conversant with the complexities of VA rules and regulations. Our firm was founded in 1996 by a disabled veteran who after securing his own representation at a Board of yelm veterans disability attorney Appeals Hearing, made veterans' rights a priority for his practice.

How do I make a claim?

The first step is to look up the medical evidence for their disability. This includes Xrays, doctor's notes or other evidence relevant to their condition. It is vital to provide these documents to the VA. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).

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

The VA will schedule your medical exam after all the required information is received. This will depend on the amount and type of disabilities you are claiming. If you fail to attend this test, it could delay the processing of your claim.

After the examinations are completed after which after the examinations are completed, VA will examine the evidence and give you a confirmation packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.

A lawyer can help at this point. Accredited lawyers from VA can be involved in appeals from the start, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

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

You should also request your C file, or claims file, so that you can see what evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. 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 the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success with a DRO review than with the BVA.

You can request a personal hearing with an expert in senior rating through the process of a DRO review. The DRO will review your claim "de de novo" which means that they will not rely on the previous decision. This usually results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the most time lengthy appeals procedure and typically takes one to three years to get an updated decision.

What is the average cost a lawyer can charge?

A lawyer can charge a fee for assisting you appeal a VA disability decision. The law as it stands today does not permit lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee must be contingent upon the lawyer winning your case or getting your benefits increased by an appeal. Typically the fees are paid directly out of any lump-sum payment you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database for accredited attorneys or claims representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors on a range of issues including disability compensation and pension claims.

The majority of veterans' disability advocates work on a contingency basis. This means that they are only paid if they win the client's appeal and are awarded back payment from the 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 instances attorneys or agents may decide to charge on an the hourly basis. This is not common for two reasons. These matters can take months or even years to be resolved. The second reason is that most veterans and their families cannot afford to pay for these services on an hourly basis.