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Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. 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, disproportionately refusing their disability claims.

What is what is VA Disability?

The disability rating determines the amount of monthly payments to veterans with disabilities that are related to service. The rating is based on the severity of the injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20% 30%, 20%, 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 the individual unemployed, the automobile allowance, Veterans Disability Litigation clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credits 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."

Many of the conditions that qualify veterans for disability compensation are mentioned in the Code of Federal Regulations. However, some of these conditions require an expert's advice. An experienced veteran lawyer can assist a client to obtain this opinion and provide the proof needed to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans disability attorneys claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they are entitled to. We have handled hundreds of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans' rights a priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

veterans disability attorney must first find the medical evidence that proves their impairment. This could include X-rays, doctor's reports, as in any other documentation related to the condition of the veteran. It is essential to submit these records to VA. If a veteran doesn't have these documents and the VA should be notified by the applicant (or their VSO).

The next step is the filing of an intention to file. This form permits the VA to review your claim before you have all the medical records that you require. It also protects your date of eligibility for compensation benefits when you win your case.

The VA will schedule your examination once all of the information is received. This will depend on the number and type of disability you claim. Be sure to take this test, because should you miss it and fail to take it, it could hinder your claim.

The VA will send you a decision package after the examinations are completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can assist you at this point. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a an enormous benefit to those who seek disability benefits.

How do I appeal a denial?

The denial of veterans disability claim' disability benefits can be frustrating. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your notice of disagreement, you must inform the VA why you are not happy with their decision. You don't need to list every reason however, you must mention all the points you disagree with.

You should also request your C file, or claims file, to determine the evidence that the VA used to reach their decision. Often times there are no or insufficient records. In certain cases this could result in an error in the rating decision.

If you submit your NOD you will need to decide if you would like to have your case examined by a Decision Review Officer or Veterans Disability Litigation by the Board of Veterans Appeals. In general, you'll have a better chance of success when the DRO examines your case rather than if it's reviewed by the BVA.

With an DRO review, you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will conduct an investigation of your claim on an "de novo" basis, which means they do not give deference to the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the time lengthy appeals procedure and typically takes anywhere from one to three years for an updated decision.

How much does an attorney charge?

Lawyers may charge a fee for assisting you appeal a VA disability decision. The law currently does not permit lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee is dependent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically these fees are paid directly from any lump-sum payments you get from the VA.

Veterans may be able locate accredited representatives using the VA's searchable database of accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad spectrum of cases including pension claims and disability compensation claims.

Most veterans disability settlement' 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 receive back pay from the VA. The amount of backpay awarded can vary but can be as high as 20 percent of a claimant's past due benefits.

In rare cases an attorney or agent could decide to charge an hourly fee. But, this isn't common for two reasons. These matters can take months or years to resolve. Additionally, many veterans disability compensation and their families cannot afford to pay on an hourly basis.