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Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims as per a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

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

The VA also has other programs that provide additional compensation such as individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to basic disability compensation.

The Social Security Administration also gives veterans disability lawyers special credits they can use to increase their lifetime earnings so that they can be eligible for Veterans Disability Litigation disability or retirement benefits. These credits are referred to as "credit for service."

A majority of the conditions that can qualify veterans for disability compensation are listed in the Code of Federal Regulations. However, Veterans Disability Litigation certain conditions require an expert's opinion. An experienced lawyer can help a client obtain this opinion and provide the evidence needed to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the benefits they're entitled to. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.

How do I make a claim?

Veterans need to first collect the medical evidence supporting their disability. This includes X-rays, doctor's notes or other evidence related to their condition. The submission of these records to the VA is very important. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intention to file. This form allows the VA examine your claim even before you have all the required information and medical records. It also preserves your date of effective for benefits when you win your case.

When all the data is submitted after all the information has been received, the VA will schedule an appointment for you. The VA will schedule the exam depending on the severity of your disability and the type of disability 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 after the tests have been completed. If the VA decides to deny the claim, you'll have a year to request a higher-level review.

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

How do I appeal a denial?

A refusal of veterans disability benefits can be a gruelling experience. Fortunately the VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice Of Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to list every reason, but you should mention everything you disagree with.

It's also important to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are often incomplete or missing records. This could lead to a mistake in the rating.

If you submit your NOD you must decide whether you would like to have your case reviewed 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 reviews your case, compared to if it's reviewed by the BVA.

When you request the DRO review you have the option of asking for a personal hearing before a senior rating specialist. The DRO will examine your claim "de novo" which means they will not defer to the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the time consuming appeals path and typically takes one to three years to obtain a new decision.

What is the cost an attorney could charge?

Lawyers can charge a fee to help appeal the VA decision on an appeal for disability. The law currently does not allow lawyers to charge for initial assistance in 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 out of the lump-sum payments that you receive from the VA.

veterans disability lawyers may be able find accredited representatives via the VA's searchable database of accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a variety of issues including disability compensation and pension claims.

Most veterans disability litigation' disability advocates are paid on a contingency basis. They only receive compensation when they succeed in winning their client's appeal and they also receive back pay from VA. The amount of back pay granted varies, but could be as much as 20 percent of the claimant's total benefit award.

In rare instances, an agent or attorney may decide to charge an the hourly basis. However, this is uncommon for two reasons. First, these matters tend to be time-consuming and can drag on for months or even years. In addition, the majority of veterans disability attorneys and their families cannot afford to pay for these services on an hourly basis.