Veterans Disability Litigation

Ken assists veterans to obtain 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 veterans by discriminating against their disability claims.

What is an VA disability?

The amount of monthly monetary compensation paid to veterans with service-related disabilities is based on their disability rating. This rating is based on the severity of the illness or injury and can vary from 0% to 100% in 10% increments (e.g., 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their families.

VA provides additional compensation through other programs, for example individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These benefits are in addition to the basic disability compensation.

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

Code of Federal Regulations lists numerous conditions that qualify a veteran to receive disability compensation. Certain of these conditions however require an expert's advice. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the evidence required to prove an application for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits they are entitled to. We have handled thousands disability cases and veterans disability are well-versed with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled vet who, after successfully representing himself at a Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I make a claim?

Veterans must first find the medical evidence supporting their disability. This includes X-rays or doctor's reports, as well with any other documentation that is related to the veteran's condition. It is crucial to provide these records to VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

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

Once all the information is in after all the information has been received, the VA will arrange an examination for you. The VA will schedule the exam in accordance with the severity of your disability and the type of disability you're claiming. If you fail to attend this test, it could delay the process of your claim.

The VA will send you a decision-making package after the tests have been completed. If the VA denies your claim you have one year from the date of the letter to request a more thorough review.

At this moment, a lawyer will help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a an enormous benefit for those who seek disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans is a frustrating experience. The VA has an appeals process for these decisions. The first step is to send the Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to list every reason, but you should list all the points you disagree with.

You must also request a C-file or claims file to see the evidence that the VA used to arrive at their decision. There are usually incomplete or missing data. In certain cases this could result in an error in the rating decision.

If you file your NOD, the applicant will be asked to decide if you want your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success when the DRO reviews your case than if it's reviewed by the BVA.

You can request a private hearing with an expert in senior rating through the process of a DRO review. The DRO will conduct the review of your claim on a "de de novo" basis, meaning they don't give deference the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals procedure and can take up to three years for an update on the decision.

What is the cost an attorney could charge?

A lawyer may charge a fee to assist you appeal a VA decision on a disability claim. The law currently does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee must be contingent upon the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically the fees are directly derived from any lump-sum payment you receive from the VA.

Veterans may find accredited representatives through the VA's searchable database of licensed attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors on a range of issues including pension and Veterans Disability disability compensation claims.

Most veterans' disability advocates are paid on a contingency basis. They only get paid when they prevail in their client's appeal and also receive back pay from VA. The amount of backpay awarded can vary but can be as high as 20 percent of the claimant's past due benefits.

In rare instances an attorney or agent may choose to charge on per hour basis. This is uncommon due to two reasons. These matters can take months or even years to resolve. The second reason is that many veterans and their families cannot afford to pay an hourly rate.