Veterans Disability Litigation

Ken counsels Chesapeake Veterans Disability Law Firm of the military to assist them in obtaining the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims 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 given to veterans with service-related disabilities is determined on their disability rating. The rating is based on the severity of the illness or injury and can vary from 0% to 100% in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides basic income to the disabled veteran and their families.

The VA also has other programs that provide additional compensation such as individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the standard disability compensation.

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

A majority of the conditions that qualify an individual for disability compensation are included in the Code of Federal Regulations. However, some of these conditions require an expert's opinion. An experienced veteran lawyer can help a client obtain this opinion and present the evidence required to support an application for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled thousands of disabilities cases and chesapeake veterans disability law firm are skilled in the complexity of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans rights a top priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first locate the medical evidence supporting their impairment. This includes X-rays and doctor's reports, or other documents related to their condition. The submission of these records to the VA is essential. If a veteran does not have these documents, the VA should be notified by the claimant (or their VSO).

The next step is the filing of an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. It also keeps your date of eligibility for compensation benefits in the event that you win your case.

Once all the information is in, the VA will arrange an examination for you. This will be dependent on the type and number of disabilities you are claiming. Attend this exam as missing it could delay the processing of your claim.

Once the examinations are complete, after the examinations are completed, VA will review the evidence and send you a confirmation packet. If the VA denies your claim, you have a year from the date of the letter to request a higher-level review.

At this moment, a lawyer could assist you. VA-accredited lawyers can now be involved in the appeals right from the beginning, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability lawyer' disability benefits is a frustrating experience. Thankfully the VA has an appeals process for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you must inform the VA why you disagree with their decision. It is not necessary to list every reason, but you must state all the issues that you don't agree with.

It is also essential to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. In many cases there are no or incomplete records. This can lead to a mistake in the rating.

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

When you request a DRO review, you can request a personal hearing before an experienced senior rating specialist. The DRO will examine your claim "de de novo", meaning that they will not be influenced by 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 consuming appeals path and typically can take between one and three years to receive a new decision.

How much will a lawyer charge?

A lawyer can charge a fee to assist you appeal a VA disability decision. But, current law prohibits lawyers from charging for initial assistance when submitting a claim. This is because the fee is dependent on the lawyer prevailing in your case, or having your benefits increased through an appeal. Typically, these fees will be paid directly from the lump-sum payments that you receive from the VA.

Veterans can use the VA's database of accredited attorneys or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a variety of issues including pension and disability compensation claims.

Most disability advocates for veterans are paid on an ad-hoc basis. This means that they will only be paid if they prevail in the client's appeal and receive back payments from the VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total benefit.

In rare cases an attorney or agent could decide to charge an hourly fee. This is not common due to two reasons. First, these matters can be time-consuming and can take months or even years. The second reason is that most veterans and their families can't afford to pay on an hourly basis.