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Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they are entitled to. Ken also represents his 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 an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The amount of monetary compensation per month paid to veterans with disabilities resulting from service is based on their disability rating. This rating is determined by the severity of the injury or illness and can vary between zero and 100% in increments of 10% (e.g. 20 percent, 30 percent, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their family.

The VA also offers other programs that offer additional compensation like individual unemployability, automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the basic disability compensation.

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

Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. However, certain conditions require an expert's advice. A skilled lawyer with years of experience can assist a client to obtain this opinion and present the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled thousands disability cases and we are well-versed with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled vet who after having successfully represented himself in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans disability attorney' rights an integral part of his practice.

How do I claim a benefit?

Veterans must first gather the medical evidence to prove their disability. This could include X-rays, doctor's reports, as in 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, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This is a form that permits the VA to begin reviewing your claim even before you have all the information and medical records you require. The form also keeps the date of effective compensation benefits in case you succeed in your claim.

Once all the information is received When all the information is submitted, the VA will schedule an examination for you. The VA will schedule an exam according to the number of disabilities and the type of disability you claim. Attend this exam as missing it could delay the process of submitting your claim.

The VA will send you a decision document after the tests have been completed. If the VA rejects the claim, you have a year to request a more extensive review.

At this moment, a lawyer will assist you. Lawyers who are accredited by VA can now be involved in the appeals from the start, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be frustrating. Fortunately the VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement you should tell the VA why you are not happy with their decision. You don't have to list every reason, but you must mention all the aspects you disagree with.

You should also request your C-file, or claims file, to determine the evidence that the VA used to reach their decision. Most of the time, there are missing or incomplete records. In some cases, this can lead to an error in the rating decision.

If you file your NOD, you'll be asked to decide if you want your case reviewed either by an 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 than if it's reviewed by the BVA.

When you request the DRO review, you can request a personal hearing before a senior rating specialist. The DRO will review your claim "de de novo" which means that they will not rely on the previous decision. This typically will result in a brand new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the time consuming appeals path and typically can take between one and three years for a new decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee to assist you appeal an VA disability decision. But, current law prohibits lawyers from charging fees to assist when submitting a claim. This is due to the fact that the fee must be contingent upon the lawyer winning your case or getting your benefits increased by an appeal. Typically these fees are directly derived from any lump-sum payment you receive from the VA.

veterans disability case are able to search the database of lawyers accredited to practice or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans or their dependents in a range of issues including disability compensation and Veterans Disability Litigation pension claims.

The majority of veterans disability attorneys' disability advocates operate on a contingent basis. They only receive compensation when they win their client's appeal, and they are also paid back from VA. The amount of backpay granted can differ but can be as high as 20 percent of the claimant's past due benefits.

In rare instances an attorney or agent may choose to charge an hourly rate. However, this is not the norm for two reasons. These issues can take months or even years to resolve. Additionally, many veterans and their families can't afford to pay for these services on an hourly basis.