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Veterans Disability Litigation

Ken advises veterans of the military to help them obtain the disability benefits they deserve. Ken also represents his clients at 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 disability legal by denial of their disability claims.

What is an VA Disability?

The amount of monthly monetary compensation provided to veterans suffering from service connected disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.

VA provides additional compensation through other programs, including individual unemployment allowances for clothing as well as prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credit that they can use to increase their earnings over time to be eligible for disability or retirement benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists a variety of conditions that allow veterans to be eligible for disability compensation. Certain of these conditions however, require an expert's opinion. A veteran lawyer with experience can help a customer obtain an opinion, and also provide the evidence required to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans disability settlement with disabilities claims and appeals. We are dedicated to helping our clients get the disability benefits they deserve. We have handled thousands of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans disability settlement rights a major Veterans Disability Litigation part of his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first gather the medical evidence of their disability. This includes X-rays, doctor's reports or any other documentation relevant to their medical condition. It is important to provide these records to VA. If a veteran does not have these documents, the VA should be notified by the applicant (or their VSO).

The next step is a filing of an intention to file. This form allows the VA to begin reviewing your claim even before you have all the medical records you need. This form also preserves the date you can start receiving your compensation benefits in the event you win your case.

When all the data is in, the VA will arrange an examination for you. This will depend on the amount and type of disability you claim. Don't miss this exam because it could delay the process of submitting your claim.

The VA will send you a decision document after the examinations are completed. If the VA denies the claim, you will have one year to request a more extensive review.

A lawyer can help 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?

Denial of veterans disability benefits can be a gruelling experience. The VA offers an appeals procedure for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disagreement you should state to the VA why you disagreed with their decision. It is not necessary to list all the reasons however, you must mention everything that you disagree on.

It is also essential to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. There are usually documents that are not complete or have been deleted. In certain cases, Veterans Disability Litigation this can lead to an error in the rating decision.

When you file your NOD you must decide whether you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. 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 personal hearing with an expert in senior rating through an DRO review. The DRO will review your claim "de novo" which means that they will not rely on the previous decision. This typically results in an entirely 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 an attorney charge?

A lawyer may charge a fee for helping you appeal a VA decision on an appeal for disability. However, current law prevents lawyers from charging for initial assistance when submitting a claim. The fee is only payable when the lawyer wins your case or increases your benefits through an appeal. Typically the fees are paid directly from any lump-sum payments you receive from the VA.

Veterans may be able find accredited representatives via the VA's searchable database of accredited attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans or their dependents on a range of issues including pension 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 are also paid back from VA. The amount of backpay granted can differ but it could be as high as 20 percent of the claimant's past-due benefits.

In rare instances, an agent or lawyer could decide to charge an hourly fee. This is not common due to two reasons. These issues can take months or years to resolve. Additionally, many veterans and their families can't afford to pay an hourly fee.