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Veterans Disability Litigation

Ken assists veterans disability case to obtain 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 by denial of their disability claims.

What is a VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans with disabilities that are related to service. The rating is determined by the severity of the illness or injury and can range from 0% up to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their families.

VA provides additional compensation through other programs, including individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, 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 lifetime earnings so that they can be eligible for disability or retirement benefits. These extra credits are referred to as "credit for service."

A majority of the conditions that qualify veterans for disability compensation are included in the Code of Federal Regulations. However, certain conditions require an expert's opinion. An experienced lawyer can assist a customer in obtaining an opinion, and also provide the necessary evidence to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients receive the benefits they're entitled to. We have handled a variety of disability cases and are conversant with the complexities of VA laws and procedures. Our firm was created by a disabled veteran who made fighting for veterans' rights a top priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first gather the medical evidence of their impairment. This includes X-rays, doctor's reports or other documentation relevant to their medical condition. Giving these records to VA is essential. If a veteran doesn't have these documents and the VA must be informed by the claimant (or their VSO).

The next step is the filing of an intent to file. This form permits the VA to review your claim even before you have all the medical records required. This form also protects the date of effective compensation benefits in the event that you are successful in your case.

The VA will schedule your examination when all information has been received. It will depend on the amount and type of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.

Once the tests are complete Once the examinations are complete, after the examinations are completed, VA will review the evidence and send you a confirmation packet. If the VA denies your claim, you have a year from the date of the letter to request a more thorough review.

At this moment, a lawyer will assist you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a huge benefit to those who are seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement you have to tell the VA why you disagree with their decision. It is not necessary to list all the reasons, but you should mention everything you disagree with.

You must also request your C-file, or claims file, so that you can determine what evidence the VA used to reach their decision. There are often documents that are not complete or have been deleted. This can result in an error in the rating.

When you submit your NOD, the applicant will be asked to select whether you want your case reviewed by an Board of veterans disability law Appeals or a Decision Review officer. 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 a DRO review you can request a personal hearing before an experienced senior rating specialist. The DRO will review your claim "de de novo" this means they will not accept the previous decision. This typically results in an entirely new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the time demanding appeals process and Veterans Disability Litigation usually takes anywhere from one to three years to obtain a new decision.

How much does a lawyer charge?

A lawyer could charge a fee to help you appeal a VA disability decision. The law currently does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee has to be contingent on the lawyer winning your case or getting your benefits increased through an appeal. Typically the fees are paid directly out of any lump-sum payments you get from the VA.

veterans disability claim are able to search the database of lawyers accredited to practice or claim agents to find accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors in a variety of matters including disability compensation and pension claims.

The majority of veterans' disability advocates are paid on the basis of a contingent. This means that they are only paid if they are successful in winning the client's appeal and are awarded back payment from the VA. The amount of backpay that is paid can vary but can be as high as 20 percent of a claimant's past-due benefits.

In rare instances attorneys or agents may choose to charge on per hour basis. This is not common for Veterans Disability Litigation two reasons. These matters can take months or even years to be resolved. In addition, the majority of veterans disability compensation and their families can't afford to pay on an hourly basis.