Veterans Disability Litigation

Ken assists veterans in navigating the system to help them get the disability benefits they deserve. Ken assists his clients at VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School veterans disability law firm Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.

What is what is VA Disability?

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

The VA also has other programs that provide additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the basic disability compensation.

The Social Security Administration also gives veterans disability law firms (visit the following post) special credits that they can utilize to increase their earnings over time to qualify for retirement or disability benefits. These credits are referred to as "credit for service."

Many of the conditions that can qualify veterans for disability compensation are listed in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. An experienced veteran attorney can assist a client obtain this opinion and Veterans disability law Firms provide the evidence required to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients get the disability benefits they deserve. We have handled hundreds of disabilities cases and veterans disability Law firms are skilled in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after securing his own representation 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 make a claim?

Veterans must first find the medical evidence of their impairment. This includes X-rays and doctor's notes or other evidence relevant to their health. It is crucial to provide these documents to the 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 file an intent to file. This form lets the VA to review your claim before you have the necessary information and medical records. This form also protects the date of effective compensation benefits in the event that you win your case.

The VA will schedule your medical exam once all of the details have been received. The VA will schedule an exam in accordance with the number of disabilities and the type you claim. Make sure you attend this exam, as should you miss it the exam could delay your claim.

After the examinations have been completed Once the examinations are complete, the VA will examine the evidence and then send you a decision packet. 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 be of assistance at this point. VA-accredited lawyers can now be involved in the appeals from the beginning which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans can be frustrating. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disagreement, you should explain to the VA why you disagreed with their decision. It is not necessary to list every reason, but you must state all the issues that you don't agree with.

It's also important to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. Often times, there are missing or insufficient records. This could lead to an error in the rating.

When you file your NOD it is up to you to decide if want to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a greater chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a private hearing with an expert in senior rating through the process of a DRO review. The DRO will review your claim "de de novo" which means they will not defer to the previous decision. This usually results in a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the time lengthy appeals procedure and typically can take between one and three years for a new decision.

What is the average cost a lawyer can charge?

A lawyer can charge a fee for helping you appeal the VA decision on an appeal for disability. However, the law currently prohibits lawyers from charging fees for assistance when submitting a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. Typically the fees will be paid directly out of any lump-sum payment you receive from the VA.

Veterans may be able to locate accredited representatives using the VA's searchable database of certified attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors on a range of issues including disability compensation and pension claims.

The majority of veterans' disability advocates operate on a contingent basis. This means that they only get paid if they prevail in the client's appeal and receive back payments from the VA. The amount of back pay that is given varies, but it can be as high as 20 percent of the claimant's total past due benefits.

In rare instances an attorney or agent might decide to charge an hourly fee. This isn't often the case due to two reasons. These issues can take months or even years to be resolved. In addition, the majority of veterans and their families cannot afford to pay for these services on an hourly basis.