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Veterans Disability Litigation

Ken counsels veterans of the military to assist them in getting the disability compensation they are entitled to. He also represents his clients at 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, disproportionately refusing their disability claims.

What is a VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans disability lawsuit who have service-connected disabilities. The rating is based on the severity of an injury or illness and can range from 0% and 100% in increments of 10% (e.g. 20 percent 30%, 20 percent, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their family.

VA offers additional compensation through other programs, including individual unemployment allowances for clothing, hospitalization and prestabilization, allowances for automobiles, and hospitalization allowances. These benefits are in addition to the 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 extra credits are referred to as "credit for service."

Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. However, certain conditions require an expert's advice. An experienced lawyer can help a customer obtain this opinion, and provide the evidence required to prove a claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled vet who, after successfully representing himself in an appeals hearing before the Board of veterans disability litigation Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.

How do I make a claim?

Veterans must first find the medical evidence that proves their impairment. This includes Xrays or doctor's reports, Veterans Disability Litigation as well in any other documentation related to the veteran's condition. The submission of these records to the VA is vital. 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 the filing of an intention to file. This is a form that permits the VA to review your claim even before you have all the information and medical records you require. It also keeps your date of eligibility for compensation benefits in the event that you win your case.

The VA will schedule your appointment after all the details have been received. The VA will schedule the exam according to the severity of your disability and the type you claim. Make sure you take this exam, as in the event you fail to take it the exam could delay your claim.

The VA will send you a decision package after the examinations are completed. If the VA refuses to accept the claim you'll have one year to request a more thorough review.

At this stage, a lawyer is able to assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability compensation disability benefits can be a difficult experience. The VA offers an appeals procedure 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 should state to the VA why you are not happy with their decision. You don't have to list every reason, but you must mention all the aspects you don't agree with.

You must also request your C-file or claims file to determine what evidence the VA used to arrive at their decision. There are often incomplete or missing records. This can lead to an error in the rating.

When you file your NOD, you must choose whether you prefer to have your situation reviewed by a Decision-Review Officer or by the Board of veterans disability legal Appeals. Generally speaking, you will have a better chance of success with the DRO review DRO review than with the BVA.

You can request a personal hearing with an expert in senior ratings through an DRO review. The DRO will review your claim "de novo" which means they will not defer to the previous decision. This typically results in an entirely new Rating Decision. You can also request that the BVA in Washington review your claim. This is the time consuming appeals path and typically can take between one and three years to receive an updated decision.

How much does a lawyer charge?

Lawyers may charge a fee for helping you appeal a VA disability decision. The current law does not allow lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee must be contingent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. Typically, these fees will be directly derived from the lump-sum payments that you receive from the VA.

Veterans can look through the VA's database of accredited attorneys or Veterans Disability Litigation claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide spectrum of cases, including disability compensation claims and pension claims.

The majority of veterans' disability advocates are paid on a contingent basis. They only receive compensation when they prevail in their client's appeal and they also receive back pay from VA. The amount of backpay that is given can be different however it could be as high as 20 percent of the claimant's past due benefits.

In rare cases, an agent or attorney may decide to charge on an the basis of an hourly rate. But, this isn't common due to two reasons. First, these matters can be time-consuming and can take months or even years. The second reason is that many veterans and their families can't afford an hourly rate.