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Veterans Disability Litigation

Ken assists veterans disability attorney in obtaining the disability benefits they are entitled to. Ken also represents his clients in VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims in a lawsuit filed last week by Yale Law School's veterans disability legal Legal Services Clinic.

What is a VA Disability?

The amount of monthly monetary compensation paid to veterans disability attorneys with service-related disabilities is determined on their disability rating. This rating is determined by the severity of an injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20% 30, 30%, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their family.

The VA also offers other programs that offer additional compensation such as individual unemployability, automobile allowance, clothing allowance and hospitalization and prestabilization benefits. 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 earnings over time to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, a few of these conditions require an expert opinion. An experienced lawyer can assist a client to obtain this opinion and provide the proof needed to prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients to receive the disability benefits they deserve. We have handled thousands of disability cases and we are well-versed with the complexities of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for Veterans Disability Litigation veterans' rights a top priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

First, veterans need to locate the medical evidence for their condition. This includes Xrays, doctor's reports or any other documentation relevant to their condition. The submission of these records to the VA is essential. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

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

The VA will schedule your medical exam when all information has been received. The VA will schedule an exam based on the amount of disabilities you have and the type of disability you claim. Be sure to take the exam, since in the event you fail to take it this could affect your claim.

The VA will send you a decision package after the tests have been completed. If the VA denies your claim, you have a year from the date of the letter to request a higher-level review.

A lawyer can help you in this situation. Lawyers who are accredited by VA can now be involved in appeals from the start, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a very 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 that sent you the Rating Decision. In your Notice Of Disagreement you should state to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you should mention all the aspects you don't agree with.

You must also request your C-file, or claims file, so that you can determine the evidence that the VA used to make their decision. Often times there are gaps or insufficient records. In certain cases this could result in an error in the rating decision.

If you submit your NOD you must choose whether you would like your case considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a higher chance of success with the DRO review DRO review than with the BVA.

You can request a private hearing with an expert in senior rating through an DRO review. The DRO will conduct an investigation of your claim on the basis of a "de de novo" basis, meaning they don't give deference the previous decision. This usually results in a new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the most lengthy appeals process and it can take up to three years to reach an update on the decision.

What is the average amount an attorney can charge?

A lawyer may charge a fee for helping you appeal an VA disability decision. But, current law prohibits lawyers from charging for assistance in the case. The fee is only due if the lawyer is successful in your case or increases your benefits through an appeal. Typically the fees are paid directly out of any lump-sum payments you get from the VA.

Veterans may be able to locate accredited representatives using the VA's searchable database that lists accredited attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a variety of matters including pension and disability compensation claims.

The majority of veterans' disability advocates are paid on a contingent basis. This means that they are only paid if they succeed in winning the client's appeal and receive back payment from the VA. The amount of back pay granted varies, but could be as much as 20 percent of the claimant's total past due benefit amount.

In rare cases attorneys or agents may decide to charge on an the basis of an hourly rate. This is not common due to two reasons. These matters can take months or years to resolve. Additionally, many veterans and their families cannot afford to pay on an hourly basis.