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Veterans Disability Litigation

Ken counsels military veterans to assist them in getting the disability compensation they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by discriminating against their disability claims as per an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The amount of monthly monetary compensation given to veterans disability settlement with disabilities resulting from service is based on their disability rating. The rating is determined by the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides a basic income for the disabled veteran and their family.

The VA also has other programs that provide additional compensation like the individual unemployed, the automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the regular disability compensation.

The Social Security Administration also gives veterans special credits they can use to boost their lifetime earnings to qualify for retirement or Veterans Disability Litigation disability benefits. These additional credits are referred to as "credit for service."

A majority 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 attorney can assist a client obtain this opinion and provide the evidence required to prove an 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 deserve. We have handled thousands of disability cases and are conversant with the intricacies of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans' rights a priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I claim a benefit?

First, veterans need to find the medical evidence supporting their impairment. This could include X-rays, doctor's reports as well any other documentation pertaining to the veteran's condition. Making these records available to the VA is vital. If a veteran doesn't have these documents, the VA must be informed by the applicant (or their VSO).

The next step is to fill out an intent to file. This form allows the VA review your claim even before you have the proper information and medical records. The form also keeps the date on which you will receive your compensation benefits if you win your case.

The VA will schedule your examination when all information is received. The VA will schedule an examination depending on the number of disabilities as well as the type of disability you're claiming. Attend this exam as missing it could delay the process of submitting your claim.

The VA will send you a decision-making package after the tests have been completed. If the VA rejects the claim, you'll have a year to request a more thorough review.

A lawyer can be of assistance at this point. VA-accredited lawyers are now involved in appeals from the beginning which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a gruelling experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which 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 have to list every reason, but you should list all the points you don't agree with.

You must also request your C-file, Veterans Disability Litigation or claims file, so that you can see what evidence the VA used to make their decision. There are usually incomplete or missing data. In some cases, this can lead to an error in the rating decision.

If you submit your NOD you will need to decide if you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you'll be more likely to have success with the DRO review DRO review than with the BVA.

You can request a personal hearing with an expert in senior ratings through an DRO review. The DRO will examine your claim "de novo" which means they will not accept the previous decision. This typically results in a totally new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the most lengthy appeals procedure and can take up to three years before you receive an appeal to be heard.

How much does a lawyer charge?

A lawyer could charge a fee for assisting you appeal a VA disability decision. But, current law prohibits lawyers from charging for assistance when submitting a claim. This is because the fee has to be contingent on the lawyer winning your case, or getting your benefits increased through an appeal. Typically these fees are paid directly out of the lump-sum payments that you receive from the VA.

Veterans may be able to find accredited representatives through the VA's searchable database that lists accredited attorneys or claims representatives. They are vetted by the Department of Veterans Affairs and can represent service members, veterans or dependents in a broad variety of cases that include pension and disability compensation claims.

Most veterans disability compensation' disability advocates work on a contingency. This means that they only get paid if they succeed in winning the appeal of the client and receive back pay from the VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total past-due benefits.

In rare cases, an agent or attorney may decide to charge an per hour basis. However, this is not the norm for two reasons. These matters can take months or even years to resolve. Second, most veterans disability lawyer and their families can't afford to pay for these services on an hourly basis.