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Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans disability claim for a long time by disproportionately rejecting their disability claims as per the lawsuit 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 compensation paid to veterans who have service-connected disabilities. This rating is determined by the severity of an illness or injury and can range from 0% and 100% in increments of 10% (e.g. 20% 30, 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 unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the regular disability compensation.

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

Code of Federal Regulations lists a variety of conditions that allow veterans to be eligible for disability compensation. However, some of these conditions require an expert opinion. An experienced lawyer can assist a client to obtain this opinion and present the evidence required to prove the claim for disability benefits.

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

How do I submit a claim?

Veterans must first find the medical evidence supporting their impairment. This could include X-rays, doctor's reports as well with any other documentation that is related to the veteran's condition. It is crucial to provide these records to VA. If a veteran doesn't have these documents, they must be given 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 allows the VA to review your claim before you have the necessary information and medical records. This form also protects the date of effective compensation benefits in the event you succeed in your claim.

When all the data is received, the VA will arrange an examination for you. The VA will set the date for the examination depending on the number of disabilities and the type of disability you claim. If you fail to attend this test, it could delay the processing of your claim.

The VA will provide you with 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 higher-level review.

A lawyer can help you at this point. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a an enormous benefit to those who are seeking disability benefits.

How do I appeal a denial?

The denial of veterans' disability benefits can be extremely frustrating. Fortunately the VA has an appeals process for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office which sent you the Rating decision. In your Notice Of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't have to give every reason, but you must state all the issues that you don't agree with.

You must also request a C-file, or claims file, Veterans Disability Litigation so that you can determine what evidence the VA used to reach their decision. There are usually incomplete or missing data. In some cases, this can lead to an error in the rating decision.

When you submit your NOD, the applicant will be asked if you want your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success if the DRO examines your case rather than when it's reviewed by BVA.

You can request a private hearing with a senior rating expert through the process of a DRO review. The DRO will review your claim "de novo" which means they will not rely on the previous decision. This typically results in the issue of a new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the most lengthy appeals process, and it could take up to three years before you receive an appeal to be heard.

How much does a lawyer charge?

Lawyers can charge a fee to help appeal the VA decision on an appeal for disability. However, current law prohibits lawyers from charging for assistance in the case. This is because the fee must be contingent upon the lawyer winning your case or getting your benefits increased through an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

veterans disability law can use the VA's database of accredited attorneys or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors on a range of issues including pension and disability compensation 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 back pay that is given varies, but it can be as high as 20 percent of the claimant's total past due benefit award.

In rare cases, an agent or attorney may decide to charge on an the hourly basis. This is not common due to two reasons. These issues could take months or even years to be resolved. The second reason is that most veterans disability attorneys and their families are unable to afford to pay for these services on an hourly basis.