Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. Ken is also a lawyer for 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 amount of monetary compensation per month paid to veterans with service-related disabilities is determined on their disability rating. This rating is based upon the severity of an illness or injury and may range between zero and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30 percent, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their family.

VA provides additional compensation through other programs, including individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These benefits are in addition to the basic disability compensation.

In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credit to boost their earnings over the course of their lives for disability or retirement benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. Certain of these conditions, however require an expert's advice. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the evidence required to support the claim for disability benefits.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits that they deserve. We have handled a variety of disability cases and are familiar with the complexities of VA regulations and laws. Our firm was established in 1996 by a disabled veteran who after securing his own representation in a Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I make a claim?

First, veterans must look up the medical evidence supporting their condition. This includes any X-rays, doctor's reports, highwave.kr or other documents regarding their health. It is essential to submit these records to VA. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intent to file. This is a form that allows the VA to begin reviewing your claim even before you have all the medical records required. The form also keeps the date on which you will receive your compensation benefits in the event you have a successful case.

The VA will schedule your examination once all of the information has been received. The VA will set the date for the examination in accordance with the number of disabilities as well as the type you are claiming. Make sure you take this exam, as in the event you fail to take it this could affect your claim.

The VA will provide you with a decision package once the examinations have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a higher-level review.

At this point, a lawyer can 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 who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be a source of frustration. The VA offers an appeals procedure for these decisions. The first step is to make 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 need 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 see the evidence that the VA used to arrive at their decision. In many cases, there are missing or insufficient records. In some cases it could lead to an error in the rating decision.

If you submit your NOD you will need to decide if you would like your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll be more likely to have success with a DRO review than with the BVA.

If you are subject to an DRO review, you have the option of requesting a personal hearing before a senior rating specialist. The DRO will examine your claim "de novo" this means they will not rely on the previous decision. This typically results in the issue of a new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the time demanding appeals process and usually takes anywhere from one to three years to obtain an updated decision.

How much can a lawyer charge?

A lawyer can charge a fee to assist appeal an VA decision on the basis of disability. However, current law prevents lawyers from charging for initial assistance in a claim. This is because the fee has to be contingent on the lawyer winning your case, or getting your benefits increased through an appeal. Typically, these fees will be paid out of any lump-sum payments you receive from the VA.

Veterans can look through the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors on a range of issues such as disability compensation and pension claims.

Most disability advocates for veterans are paid on a contingent basis. They only receive compensation when they are successful in defending their client's case, and also receive back pay from VA. The amount of backpay paid can vary but can be as high as 20 percent of a claimant's past-due benefits.

In rare cases, an agent or lawyer could decide to charge an hourly rate. This is uncommon due to two reasons. First, these cases are usually time-consuming and can drag on for months or even years. In addition, many veterans disability lawyers and their families don't afford to pay an hourly rate.