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Veterans Disability Litigation

Ken helps veterans disability attorneys obtain the disability benefits they are entitled to. He assists 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 discriminating against their disability claims.

What is a VA disability?

The disability rating determines the amount of compensation per month paid to Veterans disability settlement with service-related disabilities. The rating is determined by the severity of the illness or injury and can vary from 0% to 100% in 10% increments (e.g., 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their family.

VA offers additional compensation through other programs, like individual unemployment, clothing allowances as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credits that they can use to increase their earnings over time to be eligible for disability or retirement benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. However, a few of these conditions require an expert opinion. A veteran lawyer with experience can assist a client obtain this opinion and provide the evidence required to prove a claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to helping our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and we are well-versed with the intricacies of VA regulations and laws. Our firm was established by a disabled veteran who made fighting for veterans rights a top priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I make a claim?

Veterans need to first collect the medical evidence that proves their disability. This includes X-rays and doctor's reports, as as any other documentation related to the veteran's condition. Making these records available to the VA is crucial. 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 to submit an intent to file. This is a form that allows the VA to begin reviewing your claim, even before you have all the information and medical records that you require. It also preserves your effective date for compensation benefits in the event that you win your case.

If all the required information is in, the VA will schedule an appointment for you. The VA will schedule an exam depending on the number of disabilities and the type you are claiming. If you fail to attend this test, it could delay the processing of your claim.

Once the examinations are complete, the VA will examine the evidence and give you a decision package. If the VA denies your claim you have a year from the date of the letter to request a more thorough review.

At this point, a lawyer can assist you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans disability case can be extremely frustrating. Thankfully, the VA has an appeals procedure for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement, you have to tell the VA why you disagree with their decision. You don't need to list every reason, but you should mention all the aspects you don't agree with.

It's also crucial to request your C-file (claims file) to see the evidence the VA used to make their decision. Most of the time there are missing or insufficient records. In some cases this could lead to an error in the rating decision.

If you file your NOD, you will be asked if you would like your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success with a DRO review than with the BVA.

You can request a personal hearing with an expert in senior ratings through the process of a DRO review. The DRO will conduct an examination of your claim on the basis of a "de novo" basis, which means they will not give any deference to the previous decision. This typically results in the issue of a new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest appeals process and can take approximately three years to get a new decision.

How much can a lawyer charge?

A lawyer may charge a fee to assist you appeal the VA decision on the basis of disability. But, current law prohibits lawyers from charging for assistance in a claim. This is due to the fact that the fee must be dependent on the lawyer prevailing in your case, or Veterans Disability Litigation receiving your benefits increased as a result of an appeal. Typically these fees are paid out of the lump-sum payments that you receive from the VA.

veterans disability compensation can search the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These individuals are accredited by the Department of Veterans Affairs and can represent service members, veterans disability compensation or dependents in a wide spectrum of cases that include disability compensation claims and pension claims.

Most veterans' disability advocates operate on a contingent basis. They only get paid when they win their client's appeal, and they also receive back pay from VA. The amount of backpay that is awarded can vary, but it can be as high as 20 percent of a claimant's past-due benefits.

In rare cases an attorney or agent may decide to charge on an the hourly basis. But, this isn't common for two reasons. First, these cases can be time-consuming and can last for months or even years. Second, many veterans and their families cannot afford to pay an hourly rate.