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Veterans Disability Litigation

Ken counsels veterans of the military to help them get the disability benefits they deserve. Ken also represents clients in VA Board of veterans disability law firm 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 attorney, disproportionately refusing their disability claims.

What is what is VA Disability?

The amount of monthly monetary compensation paid to veterans with service connected disabilities is based on their disability rating. This rating is based upon the severity of the illness or injury and can range from 0% to 100% in increments of 10 percent (e.g. 20%, 20%, 30% etc). The compensation is tax-free and serves as a basic income for disabled veterans and their family.

The VA also has other programs that provide additional compensation such as individual unemployment, auto 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 extra credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. However, some of these conditions require an expert's opinion. An experienced veteran attorney can assist a customer in obtaining this opinion, and supply the evidence required to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to ensuring that our clients get the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was created by a disabled veteran who made fighting for veterans rights a major part of his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I submit a claim?

The first step is to find the medical evidence for their condition. This could include X-rays, doctor's reports, as well as any other documentation related to the condition of the veteran. Making these records available to the VA is crucial. If a veteran does not have these documents, the VA should be notified by the claimant (or their VSO).

The next step is to make an intent to file. This form allows the VA examine your claim even before you have the needed information and medical records. This form also preserves the date of effective compensation benefits in case you are successful in your case.

When all the data is provided when all the information is in, the VA will schedule an exam for you. It will depend on the number and type of disabilities you are claiming. In the event that you do not attend this exam, it could delay the processing of your claim.

The VA will send you a decision-making package after the tests have been completed. 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. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you should tell the VA why you are not happy with their decision. You don't have to list every reason, but you should list all the points you disagree with.

It's also crucial to request your C-file (claims file) to see the evidence that the VA used in making their decision. Often times there are missing or incomplete records. This can sometimes lead to an error in the rating.

When you submit your NOD, you will be asked to choose whether you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success when the DRO reviews your case, compared to if it's reviewed by the BVA.

In the event of a DRO review you have the option of requesting an individual hearing before a senior rating specialist. The DRO will conduct the review of your claim on an "de de novo" basis, meaning they will not give any deference to the previous decision. This typically will result in a brand new Rating Decision. You may also opt to have the BVA in Washington examine your claim. This is the longest appeals procedure and can take up to three years for an appeal to be heard.

What is the average amount an attorney can charge?

A lawyer may charge a fee for helping you appeal a VA disability decision. The law as it stands today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans may be able locate accredited representatives using the VA's searchable database of accredited attorneys or claims representatives. These people are accredited by the Department of Veterans Affairs and can represent service members, veterans disability law firms (visit Dinasboatyard) or dependents in a broad spectrum of cases such as pension claims, disability compensation and claims.

The majority of veterans' disability advocates work on a contingency. This means that they will only be paid if they are successful in winning the appeal of the client and get back pay from the VA. The amount of backpay awarded can vary however it could be as high as 20 percent of the claimant's past due benefits.

In rare cases, an agent or Veterans disability law firms attorney may decide to charge on an an hourly basis. This is uncommon due to two reasons. First, these cases are often time consuming and can go on for months or even years. The second reason is that many veterans and their families cannot afford an hourly rate.