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Veterans Disability Litigation

Ken advises veterans of the military to help them get the disability compensation they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

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

What is a VA Disability?

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

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

The Social Security Administration also gives veterans special credit that they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are called "credit for service."

Many of the conditions that qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A seasoned veteran attorney can assist a client obtain an opinion, and also 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 committed to helping our clients get the disability benefits they are entitled to. We have handled a variety of disability cases and are conversant with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself in a Board of veterans disability claim Appeals Hearing, made veterans' rights the top priority in his practice.

How do I submit a claim?

First, veterans disability lawyers need to look up the medical evidence supporting their impairment. This includes X-rays or doctor's reports, as well any other documentation pertaining to the condition of the veteran. It is important to provide these documents to the VA. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This form lets the VA examine your claim even before you have the needed information and medical records. This form also ensures the date on which you will receive your compensation benefits if you have a successful case.

Once all the information is submitted, the VA will arrange an examination for you. The VA will schedule an exam according to the number of disabilities and the type of disability you claim. Be sure to take the exam, since should you miss it this could affect your claim.

After the examinations are completed after which the VA will examine the evidence and then send you a confirmation packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.

At this moment, a lawyer could assist you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, Veterans Disability Litigation which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of veterans' disability benefits can be extremely frustrating. The VA provides an appeals procedure to appeal these decisions. The first step is to send a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice Of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't have to list all the reasons but you should list all the points you disagree with.

It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. Sometimes there are gaps or incomplete records. This can lead to an error in the rating.

When you submit your NOD, the applicant will be asked to select whether 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 if the DRO reviews your case, compared to when it's reviewed by the BVA.

When you request an DRO review, you can request an individual hearing with a senior rating specialist. The DRO will conduct a review of your claim on the basis of a "de de novo" basis, which means they will not give any deference to the previous decision. This usually results in a new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process, and it could take up to three years before you receive an update on the decision.

What is the cost an attorney could charge?

A lawyer can charge a fee if appeal the VA decision on an appeal for disability. However, current law prohibits lawyers from charging fees for assistance with a claim. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. Typically the fees will be paid directly out of any lump-sum payments 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 people have been accredited by the Department of veterans disability case Affairs to represent service members, veterans and their dependents as well as survivors in a variety of issues such as disability compensation and pension claims.

Most veterans' disability advocates are paid on a contingent basis. They only get paid when they prevail in their client's appeal and they are also paid back from VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total benefits.

In rare cases, an agent or attorney may choose to charge on an hourly basis. This is not common due to two reasons. These matters can take a long time to be resolved. Second, most veterans and their families cannot afford to pay on an hourly basis.