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Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of veterans disability lawsuit Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims in a lawsuit filed last week by Yale Law School's veterans disability lawsuit Legal Services Clinic.

What is an VA disability?

The disability rating determines the amount of compensation per month paid to veterans who have service-related disabilities. This rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.

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

The Social Security Administration also gives veterans a special credit they can utilize to increase their lifetime earnings and qualify for retirement or disability benefits. These additional credits are known as "credit for service."

A majority of the conditions that make an individual for disability compensation are mentioned in the Code of Federal Regulations. However, a few of these conditions require an expert's opinion. A seasoned veteran attorney can assist a customer in obtaining this opinion, and provide the evidence required to support the 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 they are entitled to. We have handled thousands of disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was founded by a disabled veteran who made fighting for veterans disability law rights a priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I claim a benefit?

The first step is to look up the medical evidence to prove their condition. This could include X-rays, Veterans Disability Litigation doctor's reports as well any other documentation pertaining to the condition of the veteran. It is vital to provide these documents to the VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to make an intent to file. This form permits the VA to review your claim even before you have all the medical records that you require. The form also keeps the effective date of your compensation benefits if you have a successful case.

The VA will schedule your exam after all the required information is received. The VA will set the date for the examination according to the amount of disabilities you have and the type you are claiming. In the event that you do not attend this exam, it could delay the processing of your claim.

Once the tests are complete, after the examinations are completed, VA will examine the evidence and then send you a decision package. If the VA rejects the claim, you'll have a year to request a higher level review.

At this moment, a lawyer could assist you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is an enormous benefit to those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans disability settlement can be frustrating. The VA has an appeals process for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA why you are not happy with their decision. You don't have to give every reason, but you must mention all the aspects you don't agree with.

You must also request your C-file or claims file to determine the evidence that the VA used to make their decision. There are usually insufficient or missing records. In certain cases this could result in an error in the rating decision.

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

You can request a private hearing with a senior rating expert via an DRO review. The DRO will conduct an investigation of your claim on a "de de novo" basis, Veterans Disability Litigation which means they don't give deference the previous decision. This typically results in a completely new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the most lengthy appeals procedure and can take up to three years to reach an appeal to be heard.

What is the cost an attorney could charge?

Lawyers can charge a fee to help appeal an VA decision on a disability claim. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only due in the event that the lawyer wins your case or increases your benefits via an appeal. Typically these fees are paid out of any lump-sum payments you get from the VA.

Veterans can search the VA's database of accredited attorneys or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors on a range of issues including pension and disability compensation claims.

Most veterans' disability advocates are paid on an ad-hoc basis. This means that they will only be paid if they win the appeal of the client and receive back payments from the VA. The amount of backpay that is given can be different however it could be as high as 20 percent of the claimant's past due benefits.

In rare instances lawyers or agents could decide to charge an hourly fee. This is rare for two reasons. These matters can take a long time to resolve. Second, most veterans and their families cannot afford to pay on an hourly basis.