Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, discriminating against 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 monetary compensation per month that veterans receive for service-related disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness, and can range between 0% and 100% in increments of 10 percent (e.g. 20%, 30%, etc.). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.

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

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

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. Certain of these conditions, however, require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and present the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients get the disability benefits that they are entitled to. We have handled a variety of disability cases and are well-versed with the intricacies of VA rules and regulations. 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 submit a claim?

Veterans must first gather the medical evidence that proves their disability. This includes Xrays, attorneys doctor's notes or other evidence that relate to their health. It is vital to provide these records to VA. If a veteran doesn't have these documents then the VA must be informed 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 review your claim even before you have all the information and medical records that you require. This form also preserves the date on which you will receive your compensation benefits in case you win your case.

The VA will schedule your examination once all of the details have been received. It will depend on the number and type of disabilities you are 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 once the examinations have been completed. If the VA decides to deny the claim, you will have one year 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 hugely beneficial to those seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a very frustrating experience. The VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA why you disagreed with their decision. You don't have to list every reason, but you must be clear about the issues you disagree with.

It's also crucial to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. Most of the time, there are missing or insufficient records. In some cases it could lead to an error in the rating decision.

When you file your NOD it is up to you to decide if prefer to have your situation reviewed 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 reviews your case, compared to when it's reviewed by BVA.

You can request a personal hearing with a senior rating expert through the process of a DRO review. The DRO will review your claim "de novo" which means they will not accept the previous decision. This usually will result in a brand new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the time demanding appeals process and usually takes one to three years to obtain a new decision.

How much does a lawyer charge?

A lawyer may charge a fee if you appeal a VA decision on the basis of disability. The law in place today does not permit lawyers to charge for assistance with a claim in the beginning. This is due to the fact that the fee must be dependent on the lawyer prevailing in your case, or getting your benefits increased by an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

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

Most disability advocates for veterans operate on a contingent basis. They only get paid when they are successful in defending their client's case, and also receive back pay from VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total benefit award.

In rare cases an attorney or agent may choose to charge an hourly fee. However, this is uncommon for two reasons. These matters could take months or even years to resolve. Second, most los angeles veterans disability law firm and their families are unable to afford to pay on an hourly basis.