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Veterans Disability Litigation

Ken assists veterans in navigating the system to help them obtain the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by discriminating against their disability claims in a lawsuit filed this week by Yale Law School's veterans disability lawsuit Legal Services Clinic.

What is an VA Disability?

The disability rating determines the amount of monthly payments to veterans with service-connected disabilities. The rating is based on the severity of the injury or illness and may range between zero and 100% in increments of 10% (e.g. 20% 30%, Veterans Disability Litigation 20%, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their family.

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

In addition to these benefit programs, in addition, the Social Security Administration gives military veterans extra credits to increase their lifetime earnings for retirement or disability benefits. These credits are also referred to as "credit for service."

A majority of the conditions that qualify an individual for disability compensation are included in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A veteran lawyer with experience can assist a customer in obtaining this opinion, and supply the evidence needed to support an claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they are entitled to. We have handled thousands of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself at a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans the top priority in his practice.

How do I submit a claim?

veterans disability lawyers must first find the medical evidence of their impairment. This includes X-rays and doctor's reports as well as any other documentation related to the veteran's condition. Giving these records to VA is crucial. If a veteran does not have these documents, the VA should be notified by the applicant (or their VSO).

The next step is a filing of an intent to file. This form lets the VA to review your claim before you have the needed information and medical records. This form also preserves the date of effective compensation benefits in the event that you win your case.

When all the information is in, the VA will schedule an exam for you. This will be dependent on the quantity and type of disability you claim. If you fail to attend this test, it could delay the process of submitting your claim.

Once the tests are complete after which the VA will examine the evidence and then send you a decision-making packet. If the VA denies your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can assist you at this point. VA-accredited lawyers are now involved in the appeals from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

The denial of veterans' disability benefits can be extremely frustrating. Fortunately, the VA has an appeals procedure for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't have to list all of the reasons but you should list everything that you disagree on.

You must also request a C-file, or claims file, so that you can determine the evidence that the VA used to reach their decision. In many cases there are no or insufficient records. This can sometimes lead to a mistake in the rating.

When you file your NOD, the applicant will be asked to choose whether you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a greater chance of success with a DRO review than with the BVA.

You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will examine your claim "de de novo", meaning that they will not rely on the previous decision. This typically results in an entirely new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most lengthy appeals process and can take up to three years for Veterans Disability Litigation an update on the decision.

How much does a lawyer charge?

Lawyers can charge a fee to help you appeal an VA decision on an appeal for disability. However, the law currently prohibits lawyers from charging for initial assistance with 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 directly from any lump-sum payment you receive from the VA.

Veterans are able to search the database of accredited attorneys or claim agents to locate accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a variety of issues including pension and disability compensation claims.

Most disability advocates for veterans are paid on a contingent basis. They only get paid when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's total past-due benefit award.

In rare cases, an agent or lawyer might decide to charge an hourly fee. This is not common due to two reasons. These issues can take months or even years to resolve. In addition, many veterans disability lawsuit and their families don't afford to pay an hourly fee.