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Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. He also represents his clients at VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week The Department of Veterans Affairs discriminated for decades against Black veterans by denial of their disability claims.

What is a VA Disability?

The amount of monthly monetary compensation paid to veterans with disabilities resulting from service is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The compensation is tax-free, and provides a minimum income to the disabled veteran and their families.

VA offers additional compensation through other programs, such as individual unemployment allowances for clothing as well as prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. 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 increase their disability or retirement benefits. These extra credits are referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. Some of these conditions, however, require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and present the evidence required to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans disability attorneys with disabilities claims and appeals. We are committed to helping our clients get the disability benefits that they deserve. We have handled thousands disability cases and are well-versed with the intricacies of VA rules and regulations. Our firm was founded by a disabled veteran who made fighting for veterans' rights a priority in his practice after successfully representing himself in an appeal to the Board of veterans disability legal Appeals hearing.

How do I submit a claim?

First, veterans disability lawyer need to find the medical evidence for their impairment. This includes any X-rays, doctor's reports or any other documentation related to their medical condition. It is important to provide these records to VA. If a veteran does not have these documents, the VA should be notified by the claimant (or their VSO).

The next step is to file an intent to file. This is a form that permits the VA to begin reviewing your claim before you have all the medical records required. It also protects your date of eligibility for compensation benefits when you win your case.

When all the data is received When all the information is submitted, the VA will schedule an exam for you. The VA will schedule an exam depending on the number of disabilities as well as the type you claim. Make sure you take this exam, as if you miss it, it could delay your claim.

After the examinations are completed Once the examinations are complete, the VA will review the evidence and send you a decision package. If the VA refuses to accept the claim you will have one year to request a more thorough review.

At this point, a lawyer can assist you. Lawyers who are accredited by VA can now be involved in the appeals from the beginning which is a huge benefit for Veterans Disability Litigation those who are seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a frustrating experience. Thankfully that the VA has an appeals process 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 must inform the VA why you disagree with their decision. You don't need to list every reason however, you must mention everything that you disagree on.

You must also request your C-file, or claims file, to see the evidence that the VA used to make their decision. In many cases there are gaps or insufficient records. This could lead to a mistake in the rating.

When you file your NOD you must choose whether you prefer to have your situation reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll be more likely to have success with a DRO review than with the BVA.

You can request a private hearing with a senior rating expert via an DRO review. The DRO will conduct the review of your claim on a "de de novo" basis, meaning they don't give deference the previous decision. This usually results in a totally new Rating Decision. You may also decide to have the BVA in Washington examine 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 a lawyer charge?

Lawyers may charge a fee for helping you appeal an VA disability decision. However, the law currently prohibits lawyers from charging fees to assist with a claim. The fee is only payable if the lawyer wins your case or increases your benefits by filing an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

veterans disability lawyer can look through the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a vast range of matters that include pension claims and disability compensation claims.

The majority of veterans' disability advocates work on a contingency basis. This means that they will only be paid if they are successful in winning the client's appeal and receive back payment from the VA. The amount of back pay that is granted varies, but could be as much as 20 percent of the claimant's total past due benefit.

In rare cases, an agent or attorney may choose to charge on an hourly basis. But, this isn't common for two reasons. These issues can take months or years to be resolved. Second, most veterans disability claim and their families are unable to afford to pay on an hourly basis.