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Veterans Disability Litigation

Ken counsels military veterans disability case to assist them in obtaining the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by discriminating against their disability claims, according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

The disability rating determines the amount of monthly payments to veterans with service-connected disabilities. This rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation, such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. 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 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 can qualify a veteran for disability compensation. Some of these conditions, however require an expert's opinion. An experienced veteran attorney can assist a client in obtaining an opinion, and also provide the evidence required to prove the claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed 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 started by a disabled vet who made fighting for veterans disability lawyers' rights a major part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

Veterans need to first collect the medical evidence to prove their impairment. This includes Xrays or doctor's reports as well with any other documentation that is related to the condition of the veteran. Providing these records to the VA is essential. If a veteran does not have these documents and Veterans Disability Litigation the VA should be notified by the applicant (or their VSO).

The next step is to fill out an intent to file. This is a form that permits the VA to review your claim before you have all the information and medical records you need. The form also keeps the effective date of your compensation benefits in case you win your case.

The VA will schedule your examination after all the required information is received. This will be dependent on the type and number of disabilities you are claiming. Be sure to take this exam, as should you miss it, it could delay your claim.

The VA will send you a decision package once the examinations have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.

At this stage, a lawyer is able to assist you. Accredited lawyers from VA can now get 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?

A refusal of veterans disability benefits can be a difficult experience. The VA has an appeals process to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disparage, you must inform the VA why you are not happy with their decision. You don't need to list every reason, but you should state all the issues that 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 to make their decision. Often times there are gaps or incomplete records. 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 reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success if the DRO examines your case rather than if it's viewed by the BVA.

In the event of a DRO review you have the option of asking for an individual hearing before a senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de de novo" basis, which means they do not give deference to the previous decision. This usually results in a totally new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest lengthy appeals procedure and typically can take between one and three years to obtain an updated decision.

How much does an attorney charge?

A lawyer could charge a fee for assisting you appeal a VA disability decision. The law in place today does not allow lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee must be dependent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. Typically, these fees will be directly derived from the lump-sum payments that you receive from the VA.

Veterans can find accredited representatives via the VA's searchable database that lists licensed attorneys or claims agents. They have been vetted by the Department of veterans disability legal Affairs to represent service members, veterans and their dependents as well as survivors in a variety of issues such as disability compensation and pension claims.

Most veterans disability compensation' disability advocates are paid on a contingent basis. They only get paid when they succeed in winning their client's appeal and Veterans Disability Litigation they receive back pay from VA. The amount of backpay paid can vary but can be as high as 20 percent of a claimant's past-due benefits.

In rare cases an attorney or agent might decide to charge an hourly fee. This is not common due to two reasons. First, these cases are often time consuming and can drag on for months or even years. In addition, many veterans and their families are unable to afford an hourly rate.