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Veterans Disability Litigation

Ken helps veterans disability litigation obtain the disability benefits they deserve. Ken also represents his clients in VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School veterans disability case Legal Services Clinic this week the Department of veterans disability litigation Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.

What is an VA disability?

The amount of monetary compensation per month given to veterans with service-related disabilities is determined on their disability rating. This rating is based upon the severity of the illness or injury and can range from 0% up to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The amount is devoid of tax and provides a minimum income to the disabled veteran and his family.

VA offers additional compensation through other programs, including individual unemployment, clothing allowances 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 credits they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These additional credits are referred to as "credit for service."

A majority of the conditions that can qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. Certain of these conditions, however, require an expert's opinion. An experienced lawyer can assist a client in obtaining this opinion and provide the evidence needed to prove the claim for disability benefits.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients obtain the disability benefits that they are entitled to. We have handled thousands disability cases and are conversant with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.

How do I make a claim?

First, veterans need to locate the medical evidence supporting their impairment. This includes any X-rays, doctor's reports or any other documentation regarding their medical condition. It is important to provide these records to VA. If a veteran doesn't have these documents, they must 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 permits the VA to review your claim before you have all the medical records you need. It also keeps your date of eligibility for compensation benefits when you win your case.

If all the required information is in when all the information is in, the VA will schedule an appointment for you. The VA will schedule an exam based on the severity of your disability and the type you are claiming. Attend this exam as missing it could delay the process of submitting your claim.

The VA will send you a decision package after the examinations are completed. If the VA rejects the claim, you'll have a year to request a more extensive review.

A lawyer can help in this situation. VA-accredited lawyers can now be involved in appeals from the beginning, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't need to list every reason, but you must be clear about the issues you don't agree with.

It is also essential to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are often documents that are not complete or have been deleted. In some instances this could lead to an error in the rating decision.

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

You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will conduct the review of your claim on a "de novo" basis, Veterans Disability Litigation which means that they don't give deference the previous decision. This usually results in a completely new Rating Decision. You can also choose to request that the BVA in Washington review your claim. This is the longest appeals process and it can take up to three years to reach an update on the decision.

How much does a lawyer charge?

A lawyer may charge a fee for helping you appeal a VA decision regarding the basis of disability. The law currently does not permit lawyers to charge fees for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans may be able to 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 disability lawsuit Affairs to represent veterans, service members and their dependents or survivors in a range of issues including disability compensation and pension claims.

The majority of veterans' disability advocates work on a contingency basis. This means that they only get paid if they are successful in winning the appeal of the client and receive back payment from the VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's past-due benefits.

In rare instances lawyers or agents may choose to charge an hourly rate. This isn't often the case due to two reasons. First, these cases are usually time-consuming and can take months or even years. Second, many veterans and their families are unable to afford to pay an hourly rate.