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Veterans Disability Litigation

Ken advises veterans of the military to assist them in getting the disability compensation they are entitled to. Ken also represents clients in 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, disproportionately refusing their disability claims.

What is an VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have service-connected disabilities. This rating is determined by the severity of an illness or injury, and can range between 0% and 100% in increments of 10 percent (e.g. 20%, 30 percent, etc.). The compensation is free of tax and provides a basic income to the disabled veteran and his family.

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

The Social Security Administration also gives veterans disability attorney special credits that they can use to increase their earnings over time to qualify for retirement or disability benefits. These credits are also referred to as "credit for service."

A majority of the conditions that qualify veterans for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. An experienced lawyer can assist a client to obtain this opinion and provide the evidence required to prove the claim for disability benefits.

Sullivan & Kehoe has extensive experience representing veterans disability law in appeals and claims for Veterans Disability Litigation disability. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled a variety of disability cases and are familiar with the intricacies of VA regulations and laws. Our firm was founded in 1996 by a disabled veteran who after securing his own representation at a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.

How do I submit a claim?

First, veterans must find the medical evidence supporting their impairment. This includes X-rays or doctor's reports, as well as any other documentation related to the veteran's condition. It is essential to submit these records to VA. If a veteran does not 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 to review your claim before you have all the required information and medical records. This form also ensures the date of effective compensation benefits in the event that you have a successful case.

The VA will schedule your exam when all information has been received. The VA will schedule an exam in accordance with the number of disabilities and the type of disability you claim. Make sure you take this exam, as If you don't this could affect 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 rejects your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can help you in this situation. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is an enormous benefit to those who seek disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you should tell the VA the reasons you don't agree with their decision. It is not necessary to list every reason, but you must list all the points you disagree with.

You should also request your C-file, or claims file, to see what evidence the VA used to arrive at their decision. In many cases, there are missing or insufficient records. In some cases it could lead to an error in the rating decision.

When you file your NOD you must choose whether you prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will be more likely to have success with the DRO review DRO review than with the BVA.

You can request a private hearing with a senior rating expert through an DRO review. The DRO will examine your claim "de novo" which means they will not accept the previous decision. This usually results in the issue of a new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the most time demanding appeals process and usually takes between one and three years to obtain a new decision.

What is the cost an attorney could charge?

A lawyer may charge a fee for assisting you appeal a VA disability decision. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. This is because the fee has to be dependent on the lawyer prevailing in your case or getting your benefits increased through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans may identify accredited representatives by using the VA's searchable database for certified attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a variety of matters such as disability compensation and pension claims.

Most disability advocates for veterans disability litigation work on a contingency. They only receive compensation when they succeed in winning their client's appeal and they also receive back pay from VA. The amount of back pay that is granted varies, but could be as much as 20 percent of the claimant's past-due benefit award.

In rare instances an attorney or agent may decide to charge on an an hourly basis. However, this is not the norm due to two reasons. These matters can take months or years to resolve. Additionally, many veterans and their families are unable to afford to pay an hourly rate.