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Veterans Disability Litigation

Ken assists veterans in navigating the system to help them get the disability benefits they deserve. He also represents his clients in VA Board of Veterans Appeals Hearings.

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

What is a VA Disability?

The amount of monthly monetary compensation that veterans receive for service connected disabilities is based on their disability rating. The rating is based on the severity of an injury or illness and can range from zero and 100% in increments of 10 percent (e.g. 20% 30, 30%, etc.). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation like 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 use to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These credits are also referred to as "credit for service."

Many of the conditions that allow an individual for disability compensation are included in the Code of Federal Regulations. However, certain circumstances require an expert's opinion. An experienced lawyer can help a client obtain this opinion and present the evidence required to prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients receive the disability benefits that they deserve. We have handled a variety of disability cases and are well-versed with the intricacies of VA rules and regulations. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself at an appeals hearing before the Board of veterans disability attorneys Appeals Hearing and gaining the support of veterans disability lawsuit, made the rights of veterans an integral part of his practice.

How do I file a claim?

First, veterans must find the medical evidence for their impairment. This includes Xrays or doctor's reports as well any other documentation pertaining to the veteran's condition. Giving these records to VA is vital. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intention to file. This form allows the VA to begin reviewing your claim even before you have all the medical records you need. This form also preserves the date of effective compensation benefits in case you are successful in your case.

The VA will schedule your medical exam once all of the information has been received. The VA will schedule an exam depending on the amount of disabilities you have and the type of disability you claim. Make sure you attend the exam, since should you miss it and fail to take it, it could hinder your claim.

The VA will send you a decision document after the examinations are completed. If the VA rejects the claim, you will have one year to request a more thorough review.

A lawyer can assist you at this point. Lawyers who are accredited by VA can now be involved in appeals from the start, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a frustrating experience. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. You don't have to list every reason, but you must be clear about the issues you don't agree with.

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

When you submit your NOD, you will be asked to select whether you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success when the DRO reviews your case, compared to when it's reviewed by the BVA.

With a DRO review, you can request an individual hearing before an experienced senior Veterans Disability Litigation rating specialist. The DRO will review your claim "de novo" which means they will not rely on the previous decision. This typically results in an entirely new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the longest lengthy appeals procedure and typically can take between one and three years for a new decision.

How much does an attorney charge?

Lawyers can charge a fee for helping you appeal the VA decision on the basis of disability. However, current law prevents lawyers from charging fees to assist with a claim. This is due to the fact that the fee is contingent upon the lawyer winning your case or having your benefits increased through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans can locate accredited representatives using the VA's searchable database for accredited attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide variety of cases, including pension and disability compensation claims.

Most veterans' disability advocates work on a contingency. They only get paid when they are successful in defending their client's case, and they are also paid back from VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total benefits.

In rare instances an attorney or agent could decide to charge an hourly rate. However, this is uncommon due to two reasons. These issues could take months or even years to resolve. In addition, many veterans and their families can't afford an hourly fee.