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Veterans Disability Litigation

Ken assists veterans disability litigation to get the disability benefits they deserve. He assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, disproportionately rejecting their disability claims in a lawsuit filed this week by Yale Law School's veterans disability lawsuit Legal Services Clinic.

What is what is VA Disability?

The disability rating determines the amount of monthly payments to veterans who have disabilities that are related to service. The rating is determined by the severity of the illness or Veterans Disability Litigation injury and can vary from 0% to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their family.

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

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

Many of the conditions that can qualify an individual for disability compensation are included in the Code of Federal Regulations. Certain of these conditions however require the opinion of an expert. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the evidence required to prove a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients get the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the complexities of VA regulations and laws. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.

How do I make a claim?

Veterans need to first collect the medical evidence to prove their impairment. This could include X-rays, doctor's notes, as well with any other documentation that is related to the condition of the veteran. Making these records available to the VA is essential. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intention to file. This form lets the VA examine your claim even before you have all the required information and medical records. It also ensures that you have an date of eligibility for compensation benefits should you prevail in your case.

When all the information is in, the VA will schedule an exam for you. The VA will schedule an examination based on the number of disabilities as well as the type of disability you claim. Make sure that you take this test, because If you don't this could affect your claim.

After the examinations are completed Once the examinations are complete, the VA will examine the evidence and then send you a decision package. If the VA rejects your claim, you have one year from the date of the letter to request a more thorough review.

A lawyer can help you at this point. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is hugely beneficial to people seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a difficult experience. Fortunately that 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 Disagreement, you should explain to the VA why you are not happy with their decision. It is not necessary to list every reason, but you must be clear about the issues you don't agree with.

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

When you submit your NOD you must choose whether you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a better chance of success when you opt for a DRO review than with the BVA.

You can request a private hearing with an expert in senior rating through an DRO review. The DRO will conduct the review of your claim on an "de novo" basis, which means they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. 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?

A lawyer may charge a fee to assist appeal an VA decision on a disability claim. However, current law prevents lawyers from charging fees for assistance when submitting a claim. The fee is only due if the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans can look through the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors in a variety of issues including pension and disability compensation claims.

Most disability advocates for veterans operate on a contingent basis. They only receive compensation when they prevail in their client's appeal and also receive back pay from VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's total past-due benefit award.

In rare cases, an agent or Veterans Disability Litigation attorney may decide to charge an the basis of an hourly rate. This is not common for two reasons. First, these issues are often time consuming and can last for months or even years. Second, many veterans and their families are unable to afford to pay an hourly fee.