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Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they deserve. Ken also represents clients in 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 as per an action filed this week by Yale Law School's Veterans Legal Services Clinic.

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 based on the severity of the injury or illness and can vary from 0% to 100% in 10% increments (e.g. 20%, 20%, Veterans Disability Litigation 30% etc). The compensation is exempt from tax and provides a minimum income to the disabled veteran and Veterans Disability Litigation his family.

VA provides additional compensation through other programs, including individual unemployment, clothing allowances, hospitalization and prestabilization, allowances for automobiles, and hospitalization allowances. These are in addition to the basic disability compensation.

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

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require the opinion of an expert. An experienced veteran attorney can assist a client obtain this opinion, and supply the necessary evidence to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they deserve. We have handled a variety of disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.

How do I make a claim?

Veterans need to first collect the medical evidence supporting their impairment. This includes X-rays, doctor's notes or other evidence related to their medical condition. Providing these records to the VA is very important. If a veteran doesn't have these documents then the VA must be informed by the claimant (or their VSO).

The next step is to submit an intent to file. This form lets the VA examine your claim even before you have all the required information and medical records. This form also protects the date you can start receiving your compensation benefits in case you succeed in your claim.

When all the information is received, the VA will schedule an appointment for you. It will depend on the number and type of disability you claim. Be sure to take this exam, as If you don't, it could delay your claim.

The VA will send you a decision document when the examinations have been completed. If the VA refuses to accept your claim, you have a year from the date of the letter 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 the appeals from the beginning, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans can be frustrating. Fortunately that the VA has an appeals process for these decisions. The first step is to send the Notice of Disagreement to the VA regional office that sent you the Rating decision. In your notice of disagreement, you have to tell the VA why you are not happy with their decision. You don't have to include all the reasons however, you must mention everything you disagree with.

You must also request your C-file, or claims file, to determine the evidence that the VA used to arrive at their decision. In many cases, there are missing or insufficient records. This can sometimes lead to an error in the rating.

When you file your NOD, you will be asked to choose whether you want your case to be reviewed by an Board of veterans disability law Appeals or a Decision Review officer. In general, you'll have a higher 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 an individual hearing before a senior rating specialist. The DRO will conduct an examination of your claim on an "de novo" basis, meaning they will not give deference to the previous decision. This usually results in a new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest appeals process and it can take up to three years to reach an update on the decision.

How much will a lawyer charge?

Lawyers may charge a fee for helping you appeal a VA disability decision. But, current law prohibits lawyers from charging fees to assist with a claim. This is due to the fact that the fee must be dependent on the lawyer winning your case, or having your benefits increased through an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

veterans disability lawsuit may be able find accredited representatives via the VA's searchable database of accredited attorneys or claims representatives. These individuals have been approved by the Department of veterans disability case Affairs to represent veterans, service members, dependents, or survivors in a variety of issues including pension and disability compensation claims.

Most disability advocates for veterans operate on a contingent basis. They only receive compensation when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay that is paid can vary but can be as high as 20 percent of a claimant's past due benefits.

In rare instances an attorney or agent might choose to charge an hourly rate. This isn't often the case due to two reasons. These issues could take months or even years to be resolved. The second reason is that most veterans and their families can't afford to pay on an hourly basis.