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Veterans Disability Litigation

Ken advises veterans of the military to assist them in obtaining the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by rejecting their disability claims in adisproportionate way in a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans disability attorneys with service-related disabilities. This rating is based on the severity of the illness or injury and can range from 0% to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.

VA offers additional compensation through other programs, like individual unemployment, clothing allowances as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These are in addition to the regular disability compensation.

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

Many of the conditions that qualify an individual for disability compensation are described in the Code of Federal Regulations. However, a few of these conditions require an expert's opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the evidence needed to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are well-versed in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans disability claim the top priority in his practice.

How do I make a claim?

First, veterans disability case need to look up the medical evidence for their condition. This includes X-rays, doctor's reports or other documentation relevant to their condition. The submission of these records to the VA is crucial. 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 the needed information and medical records. It also ensures that you have an effective date for compensation benefits if you win your case.

When all the information is submitted, the VA will arrange an examination for you. The VA will schedule the exam according to the severity of your disability and the type you are claiming. In the event that you do not attend this exam, Veterans Disability Litigation it could delay the process of your claim.

The VA will send you a decision document after the examinations are completed. If the VA rejects the claim, you'll have one year to request a higher level review.

At this point, a lawyer can help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a hugely beneficial to those who seek disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a frustrating experience. Thankfully there is a way to appeal the decision. 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 should explain to the VA the reasons why you did not agree with their decision. You don't need to list every reason but you should include all the points you disagree with.

It's also important to request your C-file (claims file) so you can see the evidence the VA used to make their decision. Sometimes there are no or incomplete records. In some cases it could lead to an error in the rating decision.

After you have submitted your NOD, the applicant will be asked to choose whether 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 reviews your case than if it's reviewed by the BVA.

You can request a personal hearing with a senior rating expert through an DRO review. The DRO will examine your claim "de novo" which means they will not rely on the previous decision. This typically results in an entirely new Rating Decision. You may also opt to have the BVA in Washington review your claim. This is the time lengthy appeals procedure and typically can take between one and three years to get an updated decision.

What is the average cost a lawyer can charge?

A lawyer can charge a fee to help you appeal an VA disability decision. The current law does not allow lawyers to charge fees for initial assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits by filing an appeal. Typically these fees are paid out of any lump-sum payments you get from the VA.

Veterans can use the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent veterans disability legal, service members and their dependents as well as survivors on a range of issues such as disability compensation and pension claims.

The majority of veterans' disability advocates work on a contingency. This means that they are only paid if they succeed in winning the client's appeal and are awarded back pay from the VA. The amount of backpay that is awarded can vary but can be as high as 20 percent of a claimant's past due benefits.

In rare instances an attorney or agent may decide to charge on an an hourly basis. This is not common due to two reasons. These issues can take months or even years to resolve. Second, many veterans and their families are unable to afford an hourly fee.