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Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability compensation they are entitled to. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The amount of monthly monetary compensation that veterans receive for service-related disabilities is based on their disability rating. The rating is based on the severity of an injury or illness and may range between 0% and 100% in increments of 10% (e.g. 20% 30 percent, 30 percent, etc.). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.

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

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

Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. Certain of these conditions however require an expert's opinion. An experienced lawyer can assist a client in obtaining an opinion, and also provide the evidence required to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are familiar with the complexities of VA laws and procedures. Our firm was created by a disabled veteran who made fighting for veterans disability lawsuit' rights a major part of his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans must first gather the medical evidence supporting their disability. This includes X-rays and doctor's notes, as well in any other documentation related to the veteran's condition. Providing these records to the VA is vital. If a veteran doesn't have these documents and the VA should be notified by the claimant (or their VSO).

The next step is a filing of an intention to file. This form allows the VA to review your claim before you have the proper information and medical records. It also protects your date of eligibility for compensation benefits when you win your case.

When all the information is in when all the information is in, the VA will schedule an exam for you. It will depend on the type and number of disabilities you are claiming. Don't miss this exam because it could delay the process of submitting your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA rejects the claim, you will have one year to request a higher-level review.

At this point, a lawyer can assist you. Lawyers who are accredited by VA can now be involved in appeals from the start, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a gruelling experience. Thankfully that the VA has an appeals process for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. It is not necessary to list 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 that the VA used in making their decision. Often times there are missing or incomplete records. In certain cases, this can lead to an error in the rating decision.

After you have submitted your NOD, you will be asked to decide if you would like your case reviewed either by an Board of veterans disability settlement Appeals or a Decision Review officer. In general you'll have more of a chance of success if the DRO examines your case rather than when it's reviewed by the BVA.

You can request a personal hearing with a senior rating expert via a DRO review. The DRO will conduct a review of your claim on a "de novo" basis, which means that they don't give deference the previous decision. This usually results in a totally new Rating Decision. You may also opt to have the BVA in Washington examine your claim. This is the longest appeals process and can take up to three years to reach a new decision.

What is the cost an attorney could charge?

Lawyers can charge a fee for helping appeal the VA decision regarding the basis of disability. But, current law prohibits lawyers from charging for assistance when submitting a claim. This is due to the fact that the fee must be contingent upon the lawyer winning your case, Veterans Disability Litigation or getting your benefits increased by an appeal. Typically the fees will be paid directly from any lump-sum payment you receive from the VA.

Veterans are able to search the database of accredited attorneys 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 wide spectrum of cases, including disability compensation claims and pension claims.

Most disability advocates for veterans are paid on an ad-hoc basis. They only receive compensation when they prevail in their client's appeal and they are also paid back from VA. The amount of backpay that is awarded can vary however it could be as high as 20 percent of the claimant's past due benefits.

In rare cases attorneys or agents may decide to charge an the basis of an hourly rate. But, this isn't common due to two reasons. First, these matters are often time consuming and can take months or even years. Additionally, many veterans disability litigation and their families cannot afford an hourly rate.