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Veterans Disability Litigation

Ken counsels military veterans to assist them in getting the disability benefits they deserve. Ken assists his clients at VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School veterans disability Compensation Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans by denial of their disability claims.

What is a VA disability?

The amount of monthly monetary compensation given to veterans with service-related disabilities is based on their disability rating. This rating is determined by the severity of an illness or injury and may range between zero and 100% in increments of 10% (e.g. 20% 30, 30 percent, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.

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

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

Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. Certain of these conditions, however require an expert's advice. A seasoned veteran attorney can assist a customer in obtaining this opinion, and supply the necessary evidence to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to ensuring that our clients receive the disability benefits they deserve. We have handled hundreds of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans disability attorneys an integral part of his practice.

How do I claim a benefit?

veterans disability compensation must first find the medical evidence to prove their impairment. This includes X-rays and doctor's reports or other documentation relevant to their health. It is crucial to provide these documents to the VA. If a veteran doesn't have these documents, the VA must be informed by the claimant (or their VSO).

The next step is the filing of an intent to file. This form allows the VA to review your claim before you have all the required information and medical records. This form also preserves the date on which you will receive your compensation benefits in the event you win your case.

When all the information is submitted When all the information is submitted, the VA will arrange an examination for you. The VA will schedule the exam based on the number of disabilities and the type of disability you're claiming. Make sure that you take this test, because should you miss it and fail to take it, it could hinder your claim.

After the examinations have been completed After the examinations are completed, 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.

A lawyer can help in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a an enormous benefit to those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans can be frustrating. The VA provides an appeals procedure to appeal these decisions. The first step is to send a Notice Of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement you should tell the VA the reason you don't like their decision. You don't have to include every reason, but you should mention everything that you disagree on.

It is also essential to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. Most of the time there are no or incomplete records. In some instances this could result in an error in the rating decision.

When you file your NOD, Veterans Disability Litigation it is up to you to decide if would like to have your case considered by a Decision Review Officer or by the Board of veterans disability case Appeals. In general, you'll have a better chance of success when the DRO reviews your case than if it's viewed by the 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 de novo", meaning that they will not accept the previous decision. This usually will result in a brand new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the most time consuming appeals path and typically can take between one and three years for a new decision.

How much can an attorney charge?

A lawyer may charge a fee to help you appeal an VA disability decision. But, current law prohibits lawyers from charging for initial assistance with a claim. The fee is only due when the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees are directly derived from any lump-sum payments you receive from the VA.

Veterans can use the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and can represent service members, veterans disability lawyer or dependents in a broad range of issues, including pension and disability compensation claims.

Most veterans' disability advocates operate on a contingent basis. This means that they only get paid if they prevail in the client's appeal and are awarded back pay from the VA. The amount of backpay granted can differ however it could be as high as 20 percent of the claimant's past-due benefits.

In rare cases lawyers or agents might decide to charge an hourly rate. However, this is not the norm due to two reasons. These matters can take months or even years to resolve. The second reason is that many veterans and their families don't afford an hourly fee.