Veterans Disability Litigation

Ken advises veterans of the military to assist them in getting the disability compensation they are entitled to. Ken assists his clients at VA Board of veterans disability lawyers 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 amount of monetary compensation per month given to veterans with service-related disabilities is determined on their disability rating. This rating is based on the severity of the illness or injury and can be as low as 0% and up to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The amount is devoid of tax and provides a basic income to the disabled veteran and his family.

VA offers additional compensation through other programs, like individual unemployment, clothing allowances as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. 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 lifetime earnings and 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 allow veterans to be eligible for disability compensation. However, certain conditions require an expert opinion. An experienced lawyer can assist a client obtain an opinion, and also provide the evidence required to prove an claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to ensuring that our clients receive the disability benefits they are entitled to. We have handled hundreds of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans rights a top priority in his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I submit a claim?

First, veterans must locate the medical evidence supporting their disability. This includes X-rays or doctor's notes, as well with any other documentation that is related to the condition of the veteran. It is important to provide these records to VA. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).

The next step is to fill out an intent to file. This form allows the VA review your claim even before you have the necessary information and medical records. It also keeps your date of eligibility for compensation benefits if you win your case.

The VA will schedule your medical exam after all the required information has been received. This will depend on the amount and type of disabilities you are claiming. Don't miss this exam because it could delay the process of your claim.

After the examinations have been completed, after the examinations are completed, VA will examine the evidence and then send you a confirmation packet. If the VA rejects the claim, you have a year to request a more extensive review.

A lawyer can help in this situation. VA-accredited lawyers are now involved in the appeals right 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 a source of frustration. Thankfully the VA has 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 Rating decision. In your Notice Of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. It is not necessary to list every reason, but you should list all the points you disagree with.

It is also essential to request your C-file (claims file) to see the evidence that the VA used to make their decision. There are often documents that are not complete or have been deleted. In certain cases this could lead to an error in the rating decision.

If you submit your NOD you must choose whether you want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a higher chance of success when you opt for a DRO review than with the BVA.

When you request a DRO review, you have the option of requesting an individual hearing with a senior rating specialist. The DRO will review your claim "de novo" this means they will not accept the previous decision. This usually results in an entirely new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the longest demanding appeals process and usually takes anywhere from one to three years to obtain a new decision.

How much can a lawyer charge?

A lawyer can charge a fee if appeal the VA decision on an appeal for disability. The law in place today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be paid directly from any lump-sum payment you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database of accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and firm can represent service members, veterans or their dependents in a wide spectrum of cases that include pension and disability compensation claims.

The majority of veterans' disability advocates are paid on the basis of a contingent. They only get paid when they are successful in defending their client's case, and also receive back pay from VA. The amount of back pay that is granted varies, but could be as high as 20 percent of the claimant's past-due benefit award.

In rare cases an attorney or agent may decide to charge an the hourly basis. This is not common due to two reasons. First, these cases can be time-consuming and can last for months or even years. The second reason is that most veterans and their families are unable to afford to pay on an hourly basis.