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Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

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

What is what is VA Disability?

The amount of monetary compensation per month given to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can vary between zero and 100% in increments of 10% (e.g. 20% 30%, Veterans Disability Litigation 20%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their families.

VA offers additional compensation through other programs, like individual unemployment allowances for clothing prestabilization and hospitalization, automobile allowances, and hospitalization allowances. These are in addition to the regular disability compensation.

The Social Security Administration also gives veterans special credit that they can use to boost their lifetime earnings so that they can qualify for retirement or disability benefits. These additional credits are referred to as "credit for service."

Many of the conditions that qualify veterans for disability compensation are included in the Code of Federal Regulations. However, a few of these conditions require an expert's opinion. An experienced lawyer can assist clients in obtaining this opinion and provide the proof needed to prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to helping our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled vet who, after successfully representing himself in an appeals hearing before the Board of veterans disability lawyer Appeals Hearing, made veterans' rights an integral part of his practice.

How do I file a claim?

The first step is to locate the medical evidence for their impairment. This includes X-rays and doctor's reports as well any other documentation pertaining to the veteran's condition. The submission of these records to the VA is very important. If a veteran doesn't have these documents then the VA should be notified by the applicant (or their VSO).

The next step is to fill out an intent to file. This form allows the VA examine your claim even before you have all the required information and medical records. This form also preserves the date of effective compensation benefits in the event that you win your case.

When all the data is in When all the information is submitted, the VA will schedule an appointment for you. The VA will set the date for the examination depending on the severity of your disability and the type you claim. Make sure you attend this exam, as if you miss it this could affect your claim.

After the examinations have been completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and give you a confirmation packet. If the VA decides to deny the claim, you will have one year to request a more extensive review.

At this point, a lawyer can assist you. VA-accredited lawyers are now involved in appeals from the beginning, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a frustrating experience. Thankfully 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 sent you the Rating Decision. In your Notice Of Disagreement, you should explain to the VA why you were dissatisfied with their decision. You don't have to give every reason, but you must be clear about the issues you disagree with.

You should also request your C-file or claims file to determine what evidence the VA used to arrive at their decision. There are usually incomplete or missing records. This can lead to an error in the rating.

When you file your NOD, you will need to decide if you would like your case reviewed by a Decision Review Officer or by the Board of veterans disability settlement Appeals. Generally speaking, you will have a higher chance of success with a DRO review than with the BVA.

When you request an DRO review, you can request a personal hearing before an experienced senior rating specialist. The DRO will review your claim "de novo", meaning that they will not be influenced by the previous decision. This typically results in a totally new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals procedure and can take up to three years to reach an update on the decision.

What is the average cost a lawyer can charge?

Lawyers may charge a fee for helping you appeal a VA disability decision. However, current law prohibits lawyers from charging for assistance in a claim. This is because the fee is dependent on the lawyer winning your case or having your benefits increased through an appeal. Typically, these fees will be paid out of any lump-sum payment you receive from the VA.

Veterans may find accredited representatives through the VA's searchable database of certified attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a wide variety of cases that include pension claims and disability compensation claims.

Most disability advocates for veterans disability settlement are paid on an ad-hoc basis. They only receive compensation when they succeed in winning their client's appeal and also receive back pay from VA. The amount of backpay given can be different, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare instances attorneys or agents may decide to charge an per hour basis. However, this is not the norm for two reasons. First, these matters can be time-consuming and can go on for Veterans Disability Litigation months or even years. The second reason is that many veterans and their families can't afford an hourly fee.