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Veterans Disability Litigation

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

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

What is what is VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with service-connected disabilities. The rating is based on the severity of the illness or injury and can be as low as 0% and up to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their families.

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

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

A majority of the conditions that make a veteran for disability compensation are included in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the proof needed to support an application for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and Veterans Disability Litigation appeals. We are committed to helping our clients get the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled vet who, after successfully representing himself at an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights the top priority in his practice.

How do I submit a claim?

Veterans need to first collect the medical evidence that proves their impairment. This includes X-rays and doctor's notes or other evidence related to their condition. It is important to provide these documents to the VA. 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 to make an intent to file. This form lets the VA examine your claim even before you have the needed information and medical records. It also protects your effective date for receiving compensation in the event that you win your case.

If all the required information is submitted when all the information is in, the VA will schedule an appointment for you. This will be dependent on the quantity and type of disability you claim. Be sure to take this exam, as in the event you fail to take it, it could delay your claim.

After the examinations are completed Once the examinations are complete, the VA will examine the evidence and then send you a confirmation packet. If the VA refuses to accept the claim you'll have one year to request a higher-level review.

At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is hugely beneficial to people seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans is a frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement you should tell the VA why you disagree with their decision. You don't need to list all the reasons but you should include everything you disagree with.

You must also request your C-file or claims file to see what evidence the VA used to make their decision. Often times there are no or incomplete records. In some instances it could lead to an error in the rating decision.

When you submit your NOD you must decide whether you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success with the DRO review DRO review than with the BVA.

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

How much will a lawyer charge?

Lawyers may charge a fee to assist you appeal an VA disability decision. The law in place today does not permit lawyers to charge for assistance with a claim in the beginning. This is because the fee is dependent on the lawyer winning your case or having your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans may be able identify accredited representatives by using the VA's searchable database that lists accredited attorneys or claims representatives. They are vetted by the Department of Veterans Affairs and are able to represent veterans disability attorneys, service members or dependents in a vast variety of cases that include pension claims, disability compensation and claims.

Most veterans' disability advocates are paid on an ad-hoc basis. This means that they only get paid if they succeed in winning the appeal of the client and get back payment from the VA. The amount of backpay awarded can vary but it could be as high as 20 percent of a claimant's past-due benefits.

In rare instances attorneys or agents may decide to charge on an per hour basis. However, this is not the norm for two reasons. These issues can take months or even years to resolve. In addition, the majority of veterans and their families are unable to afford to pay for these services on an hourly basis.