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Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans disability compensation for decades by generally denying their disability claims, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The amount of monthly monetary compensation that veterans receive for Veterans Disability Litigation service-related disabilities is based on their disability rating. This rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in 10% increments (e.g., 20%, 30% etc). The compensation is tax-free and serves as a basic income for disabled veterans and their families.

VA offers additional compensation through other programs, including individual unemployment, clothing allowances prestabilization and hospitalization, automobile allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credits that they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that qualify a veteran to receive disability compensation. However, certain conditions require an expert's opinion. A veteran lawyer with experience can help a customer obtain this opinion, and provide the evidence required to prove an claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits that they are entitled to. We have handled a variety of disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled vet who, after successfully representing himself in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.

How do I make a claim?

veterans disability attorney must first find the medical evidence of their impairment. This could include X-rays, doctor's reports, as any other documentation pertaining to the veteran's condition. It is essential to submit these records to VA. If a veteran does not have these documents then the VA must be informed by the applicant (or Veterans Disability Litigation their VSO).

The next step is to file an intent to file. This form allows the VA examine your claim even before you have all the required information and medical records. It also keeps your effective date for compensation benefits if you win your case.

The VA will schedule your examination once all of the information is received. The VA will schedule an exam based on the amount of disabilities you have and the type of disability you're claiming. Make sure you attend this test, because should you miss it, it could delay your claim.

Once the tests are complete, the VA will examine the evidence and give you a decision package. If the VA rejects your claim, you have a year from the date of the letter to request a higher-level review.

At this moment, a lawyer will assist you. Accredited lawyers from VA can be involved in appeals right from the beginning, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability attorney disability benefits can be a frustrating experience. The VA provides an appeals procedure for 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 Disagreement you have to tell the VA the reason you don't like their decision. You don't have to include all the reasons but you should list all the points you disagree with.

It's also important to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. There are often incomplete or missing data. In some cases it could lead to an error in the rating decision.

After you have submitted your NOD, the applicant will be asked to select whether you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success if the DRO reviews your case than when it's reviewed by the BVA.

If you are subject to the DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will review your claim "de de novo" this means they will not be influenced by the previous decision. This typically results in a totally new Rating Decision. You can also have the BVA in Washington review your claim. This is the most time demanding appeals process and usually takes anywhere from one to three years to receive a new decision.

What is the average cost a lawyer can charge?

Lawyers may charge a fee to assist you appeal a VA disability decision. However, current law prevents lawyers from charging for assistance in the case. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans may be able to find accredited representatives via the VA's searchable database of accredited attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a range of issues including pension and disability compensation claims.

Most disability advocates for veterans operate on a contingent basis. This means that they only get paid if they win the appeal of the client and receive back payment from the VA. The amount of backpay given can be different, but it 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 on an per hour basis. This isn't often the case due to two reasons. First, these issues are often time consuming and can drag on for months or even years. Second, many veterans disability lawyers and their families cannot afford to pay an hourly rate.