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Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. He also represents 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 disability litigation Affairs discriminated for decades against Black veterans by discriminating against their disability claims.

What is an VA Disability?

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

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

In addition to these benefit programs, in addition, the Social Security Administration gives military veterans disability claim special credit to boost their earnings over the course of their lives for retirement or disability benefits. These credits are referred to as "credit for service."

A majority of the conditions that can qualify disabled veterans disability attorneys for disability benefits are listed in the Code of Federal Regulations. Certain of these conditions, however require the opinion of an expert. A veteran lawyer with experience can assist a client in obtaining this opinion, and provide the evidence required to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who, Veterans Disability Litigation after successfully representing himself in an appeals hearing before the Board of veterans disability lawyers Appeals Hearing, made veterans' rights an integral part of his practice.

How do I make a claim?

The first step is to find the medical evidence that supports their disability. This includes Xrays, doctor's reports or any other documentation that relate to their medical condition. The submission of these records to the VA is essential. 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 intent to file. This form allows the VA to review your claim, even before you have all the information and medical records that you require. This form also preserves the date of effective compensation benefits in case you are successful in your case.

When all the information is in when all the information is in, the VA will schedule an appointment for you. The VA will schedule an examination based on the number of disabilities as well as the type you are claiming. Make sure that you take this exam, as in the event you fail to take it, it could delay your claim.

The VA will send you a decision document after the examinations are completed. If the VA denies your claim, you have a year from the date of the letter to request a higher-level review.

At this point, a lawyer can help you. Accredited lawyers from VA can be involved in appeals right from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans disability lawsuit is a frustrating experience. 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 Disparage, you have to tell the VA the reason you don't like their decision. You don't have to include all of the reasons but you should list all the points you disagree with.

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

When you submit your NOD you will need to decide if you want to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success if the DRO examines your case than if it's reviewed by the BVA.

With a DRO review, you can request an individual hearing before a senior rating specialist. The DRO will review your claim "de novo" which means that they will not accept the previous decision. This typically results in a completely new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the most time demanding appeals process and usually takes anywhere from one to three years to receive a new decision.

How much will a lawyer charge?

A lawyer may charge a fee to help you appeal a VA disability decision. But, current law prohibits lawyers from charging for initial assistance when submitting a claim. This is because the fee is contingent upon 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 can use the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors on a range of issues including disability compensation and pension claims.

Most disability advocates for veterans operate on a contingent basis. This means that they will only be paid if they win the appeal of the client and get back payment from the VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's past-due benefit.

In rare instances an attorney or agent may choose to charge on an hourly basis. This is uncommon due to two reasons. First, these situations tend to be time-consuming and can go on for months or even years. Additionally, many veterans and their families can't afford an hourly rate.