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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. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of veterans disability lawyers Affairs discriminated against Black veterans for decades, discriminating against their disability claims according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The disability rating determines the amount of compensation per month paid to veterans disability case who have service-connected disabilities. The rating is based on the severity of the injury or illness and can range from 0% up to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is free of tax and provides a basic income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation such as individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credit that they can utilize to increase their earnings over time to be eligible for disability or retirement benefits. These additional credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. However, certain conditions require an expert's advice. A veteran lawyer with experience can help a customer obtain this opinion, and supply the evidence needed to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits that they deserve. We have handled thousands of disability cases and we are well-versed with the complexities of VA regulations and laws. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in an appeals hearing before the Board of veterans disability attorneys Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for Veterans Disability Litigation his practice.

How do I file a claim?

The first step is to locate the medical evidence to prove their condition. This includes Xrays or doctor's reports, as with any other documentation that is related to the veteran's condition. It is important to provide these documents to the VA. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to fill out an intent to file. This form lets the VA review your claim even before you have the needed information and medical records. It also keeps your effective date for compensation benefits in the event that you win your case.

Once all the information is provided, the VA will schedule an exam for you. This will be dependent on the type and number of disabilities you are claiming. In the event that you do not attend this exam, it could delay the processing of your claim.

The VA will provide you with a decision package after the tests have been completed. If the VA denies the claim, you will have one year to request a higher level review.

A lawyer can help in this situation. VA-accredited lawyers can now be involved in the appeals from the beginning, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a very frustrating 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 Disparage, you have to tell the VA why you disagree with their decision. You don't have to give every reason, but you should state all the issues that you disagree with.

It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. There are often documents that are not complete or have been deleted. In some instances this could result in an error in the rating decision.

When you file your NOD, you must decide whether you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a better chance of success with a DRO review than with the BVA.

If you are subject to an DRO review you have the option of requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct an examination of your claim on a "de novo" basis, which means they do not give deference to the previous decision. This typically results in a new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the longest lengthy appeals procedure and typically takes anywhere from one to three years to receive a new decision.

What is the average cost a lawyer can charge?

A lawyer could charge a fee to help you appeal an VA disability decision. The law as it stands today does not allow lawyers to charge for initial assistance in a claim. This is because the fee must be contingent on the lawyer winning your case, or getting your benefits increased by an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans are able to search the database of attorneys accredited by the VA or claim agents to locate accredited representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a wide spectrum of cases including disability compensation claims and Veterans Disability Litigation pension claims.

The majority of veterans' disability advocates are paid on an hourly basis. This means that they are only paid if they win the client's appeal and are awarded back payment from the VA. The amount of backpay given can be different, but it can be as high as 20 percent of the claimant's past due benefits.

In rare cases, an agent or lawyer might decide to charge an hourly rate. This is uncommon due to two reasons. First, these matters are often time consuming and can drag on for months or even years. Second, most veterans and their families are unable to afford to pay on an hourly basis.