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Veterans Disability Litigation

Ken counsels military veterans disability settlement to assist them in obtaining the disability compensation they deserve. He also represents his clients in VA Board of Veterans Appeals Hearings.

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

What is an VA Disability?

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

VA provides additional compensation through other programs, for example individual unemployment allowances for clothing 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 use to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These extra credits are called "credit for service."

A majority of the conditions that allow a veteran for disability compensation are mentioned in the Code of Federal Regulations. However, some of these conditions require an expert opinion. An experienced lawyer can assist a client obtain an opinion, and also provide the evidence needed to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients to receive the disability benefits they are entitled to. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a key part of his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

First, veterans must track down the medical evidence for their impairment. This includes X-rays and doctor's reports, as well with any other documentation that is related to the veteran's condition. Giving these records to VA is vital. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This is a form that allows the VA to begin reviewing your claim before you have all the information and medical records that you require. It also preserves your date of effective for benefits should you prevail in your case.

Once all the information is in, the VA will schedule an appointment for you. The VA will schedule the exam based on the severity of your disability and the type you claim. In the event that you do not attend this exam, it could delay the processing of your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA refuses to accept the claim you'll have a year to request a higher-level review.

At this moment, a lawyer will help you. Lawyers who are accredited by VA can now be involved in appeals from the start, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be a source of frustration. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice Of Disagreement, you should explain to the VA why you are not happy with their decision. You don't have to include every reason, but you should mention all the points you disagree with.

It is also essential to request your C-file (claims file) to see the evidence that the VA used to make their decision. In many cases there are missing or incomplete records. In some cases, this can lead to an error in the rating decision.

If you file your NOD, you will be asked to decide if you want your case to be reviewed by an Board of veterans disability legal Appeals or a Decision Review officer. In general, you will have a greater chance of success with a DRO review than with the BVA.

When you request an DRO review, you have the option of asking for a personal hearing before a senior rating specialist. The DRO will review your claim "de de novo" which means they will not accept the previous decision. This usually results in an entirely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the most lengthy appeals process and it can take up to three years for a new decision.

What is the cost an attorney could charge?

A lawyer could charge a fee for assisting you appeal a VA disability decision. The law currently does not permit lawyers to charge for assistance with a claim in the beginning. This is because the fee has to be dependent on the lawyer winning your case or having your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans can look through the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. These individuals are accredited by the Department of Veterans Affairs and can represent service members, veterans disability attorneys or their dependents in a wide range of issues such as pension claims and disability compensation claims.

Most disability advocates for veterans disability law work on a contingency. They only get paid when they are successful in defending their client's case, and they receive back pay from VA. The amount of back pay awarded varies, Veterans Disability Litigation but can be as high as 20 percent of the claimant's total past-due benefit.

In rare cases lawyers or agents might decide to charge an hourly fee. This isn't often the case due to two reasons. First, these cases are usually time-consuming and can take months or even years. Additionally, many veterans and their families can't afford to pay for these services on an hourly basis.