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Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken also represents his clients at VA Board of veterans disability legal Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by rejecting their disability claims in adisproportionate way according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The amount of monetary compensation per month provided to veterans suffering from service connected disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20%, 30%, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their family.

The VA also offers other programs that offer additional compensation, such as individual unemployment, auto allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

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

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, some of these conditions require an expert's opinion. An experienced lawyer can assist clients in obtaining this opinion and provide the proof needed to support the claim for disability benefits.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients get the benefits they're entitled to. We have handled thousands disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who after securing his own representation at a Board of veterans disability case Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.

How do I submit a claim?

Veterans must first locate the medical evidence that proves their disability. This includes Xrays, doctor's reports or other documentation relevant to their condition. Giving these records to VA is essential. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to fill out an intent to file. This form lets the VA review your claim even before you have the needed information and medical records. This form also protects the date on which you will receive your compensation benefits in the event you succeed in your claim.

The VA will schedule your medical exam when all information is received. The VA will set the date for the examination in accordance with the number of disabilities and the type of disability you're claiming. Make sure that you take this exam, as if you miss it, it could delay your claim.

After the examinations are completed after which after the examinations are completed, VA will examine the evidence and give you a decision packet. If the VA denies your claim you have one year from the date of the letter to request a more thorough review.

A lawyer can help at this point. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a huge benefit to those who seek disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a frustrating experience. Fortunately the VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA why you disagreed with their decision. You don't have to list every reason, but you must mention all the aspects you disagree with.

It's also important to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are usually insufficient or missing records. In certain cases, this can lead to an error in the rating decision.

When you submit your NOD you will need to decide if you would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO examines your case rather than if it's viewed by 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 investigation of your claim on an "de de novo" basis, meaning they don't give deference the previous decision. This typically results in a totally new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the longest consuming appeals path and typically can take between one and three years to obtain a new decision.

How much will a lawyer charge?

A lawyer may charge a fee to assist you appeal a VA disability decision. However, current law prohibits lawyers from charging for assistance in the case. The fee is only due if the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

veterans disability attorney can find accredited representatives through the VA's searchable database of accredited attorneys or claims agents. These individuals have been certified by the Department of veterans disability settlement Affairs to represent service members, Veterans Disability Litigation veterans, dependents, or survivors in a variety of matters including disability compensation and pension claims.

Most veterans' disability advocates are paid on a contingent basis. They only get paid when they prevail in their client's appeal and Veterans Disability Litigation they are also paid back from VA. The amount of back pay granted varies, but could be as much as 20 percent of the claimant's total benefit amount.

In rare cases an attorney or agent may choose to charge on the hourly basis. This is not common due to two reasons. First, these cases tend to be time-consuming and can take months or even years. In addition, the majority of veterans disability law and their families cannot afford to pay on an hourly basis.