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Veterans Disability Litigation

Ken assists veterans in navigating the system to help them obtain the disability benefits they deserve. He also represents his clients in VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims, according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The amount of monetary compensation per month paid 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 range from 0% up to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their family.

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

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

Code of Federal Regulations lists numerous conditions that allow veterans disability lawyers to be eligible for disability compensation. Certain of these conditions, however, require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and present the evidence required to support an application for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients to receive the disability benefits they are entitled to. We have handled a variety of disability cases and are familiar with the complexities of VA laws and procedures. Our firm was created by a disabled veteran who made fighting for veterans' rights a key part of his practice after successfully representing himself at a Board of veterans disability attorneys Appeals hearing.

How do I make a claim?

The first step is to look up the medical evidence that supports their disability. This includes Xrays or doctor's reports, as well any other documentation pertaining to the condition of the veteran. It is crucial to provide these records to VA. If a veteran does not have these documents and the VA must be informed by the applicant (or their VSO).

The next step is to fill out an intent to file. This form allows the VA to begin reviewing your claim even before you have all the information and medical records you require. It also keeps your effective date for compensation benefits should you prevail in your case.

The VA will schedule your exam after all the information has been received. This will be dependent on the quantity and type of disabilities you are claiming. Make sure you attend the exam, since in the event you fail to take it the exam could delay your claim.

Once the examinations are complete, after the examinations are completed, VA will examine the evidence and send you a confirmation packet. If the VA denies the claim, you'll have a year to request a higher-level review.

At this point, a lawyer can help you. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is hugely beneficial to those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a difficult experience. Fortunately the VA has an appeals process for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you must tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you must be clear about the issues you don't agree with.

You must also request a C-file, or claims file, so that you can determine what evidence the VA used to make their decision. In many cases, there are missing or insufficient records. In some instances it could lead to an error in the rating decision.

If you submit your NOD you will need to decide if you would like to have your case reviewed by a Decision-Review Officer or by the Board of veterans disability litigation Appeals. In general you'll have a higher chance of success when the DRO examines your case rather than when it's reviewed by the BVA.

You can request a personal hearing with an expert in senior ratings through the process of a DRO review. The DRO will review your claim "de de novo" this means they will not defer to the previous decision. This usually results in a new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest appeals procedure and can take up to three years to reach an appeal to be heard.

How much does a lawyer charge?

A lawyer can charge a fee to assist you appeal an VA decision regarding the basis of disability. The law in place today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits via an appeal. Typically, these fees will be paid directly from any lump-sum payments you get from the VA.

Veterans may find accredited representatives through the VA's searchable database for accredited attorneys or claims representatives. These people are accredited by the Department of Veterans Affairs and Veterans Disability Litigation are able to represent service members, veterans or dependents in a vast range of issues, including pension claims and disability compensation claims.

The majority of veterans' disability advocates are paid on a contingent basis. They only get paid when they win their client's appeal, and they receive back pay from VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's past-due benefit amount.

In rare instances an attorney or agent could decide to charge an hourly fee. This is rare for two reasons. These matters can take a long time to be resolved. Second, most veterans and their families can't afford to pay for these services on an hourly basis.