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Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. Ken also represents clients in 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 disability law by denial of their disability claims.

What is what is VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have disabilities that are related to service. The rating is based on the severity of an injury or illness and can range from 0% and 100% in increments of 10% (e.g. 20%, 30%, etc.). The compensation is free of tax and provides a basic amount of income to the disabled veteran and his family.

VA offers additional compensation through other programs, such as individual unemployment allowances for clothing prestabilization and hospitalization car allowances, and Veterans Disability Litigation hospitalization allowances. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans a special credit they can use to increase their lifetime earnings to qualify for retirement or disability benefits. These credits are also referred to as "credit for service."

Many of the conditions that make an individual for disability compensation are included in the Code of Federal Regulations. However, a few of these conditions require an expert's opinion. An experienced veteran attorney can assist a customer in obtaining this opinion, and provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients get the benefits they're entitled to. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans' rights a key part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans must first locate the medical evidence to prove their disability. This could include X-rays, doctor's reports as well any other documentation pertaining to the condition of the veteran. It is essential to submit these documents to the VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This form permits the VA to begin reviewing your claim, even before you have all the medical records you need. It also protects your effective date for compensation benefits in the event that you win your case.

If all the required information is in when all the information is in, the VA will schedule an appointment for you. This will depend on the type and number of disability you claim. Make sure that you take the exam, since if you miss it the exam could delay your claim.

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

At this moment, a lawyer could assist you. Lawyers who are accredited by VA can now be involved in appeals from the beginning which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. The VA provides an appeals procedure to appeal these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA why you disagreed with their decision. You don't have to include all the reasons but you should list everything you disagree with.

You must also request a C-file, or claims file, to determine the evidence that the VA used to arrive at their decision. There are usually incomplete or missing records. In certain cases this could result in an error Veterans Disability Litigation in the rating decision.

If you file your NOD, you'll be asked to select whether you would like your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a greater chance of success when you opt for the DRO review 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 the basis of a "de de novo" basis, which means they don't give deference 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 appeal to be heard.

How much will a lawyer charge?

A lawyer could charge a fee for helping you appeal an VA disability decision. But, current law prohibits lawyers from charging for initial assistance with a claim. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

veterans disability case may find accredited representatives via the VA's searchable database of licensed attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a range of issues including pension and disability compensation claims.

The majority of veterans disability claim' disability advocates work on a contingency basis. This means that they will only be paid if they win the client's appeal and receive back payment from the VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's total benefit award.

In rare instances an attorney or agent may choose to charge on the basis of an hourly rate. However, this is not the norm for two reasons. First, these issues can be time-consuming and can drag on for months or even years. Additionally, many veterans and their families cannot afford an hourly fee.