Veterans Disability Litigation

Ken advises veterans of the military to assist them in getting the disability benefits they deserve. He also represents 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 what is VA disability?

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

VA provides additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credits they can use to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These additional credits are referred to as "credit for service."

Many of the conditions that make disabled veterans disability law firms for disability benefits are mentioned in the Code of Federal Regulations. However, some of these conditions require an expert opinion. An experienced lawyer can assist a client in obtaining this opinion and provide the evidence required to support an claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients get the disability benefits they deserve. We have handled thousands disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was founded by a disabled veteran who made fighting for veterans' rights a priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans need to track down the medical evidence to prove their impairment. This includes Xrays or doctor's reports as well with any other documentation that is related to the condition of the veteran. It is crucial to provide these records to VA. 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 allows the VA to begin reviewing your claim even before you have all the medical records you require. This form also protects the date on which you will receive your compensation benefits in case you win your case.

If all the required information is provided when all the information is in, the VA will schedule an examination for you. This will depend on the number and type of disability you claim. Make sure that you take this exam, as if you miss it the exam could delay your claim.

The VA will send you a decision-making package after the tests have been completed. If the VA rejects the claim, you'll have one year to request a more thorough review.

At this moment, a lawyer could help you. VA-accredited lawyers are now involved in appeals from the beginning which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't have to list all the reasons but you should include everything that you disagree on.

It's also important to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. There are often documents that are not complete or have been deleted. This can result in a mistake in the rating.

After you have submitted your NOD, it will be asked to choose whether you want your case reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a personal hearing with an expert in senior rating through an DRO review. The DRO will review your claim "de novo" this means they will not be influenced by the previous decision. This typically will result in a brand new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the most time lengthy appeals procedure and typically can take between one and three years for a new decision.

How much can an attorney charge?

Lawyers may charge a fee to help you appeal an VA disability decision. However, current law prevents lawyers from charging for initial assistance with a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans can use the VA's database of attorneys who are accredited or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and are able to represent service members, veterans disability attorneys or dependents in a vast range of matters that include pension claims and disability compensation claims.

Most veterans' disability advocates are paid on an ad-hoc basis. This means that they are only paid if they succeed in winning the appeal of the client and get back payments from the VA. The amount of backpay that is granted can differ but can be as high as 20 percent of a claimant's past due benefits.

In rare cases, an agent or attorney might decide to charge on an per hour basis. This is not common due to two reasons. These matters can take a long time to resolve. In addition, the majority of veterans and their families cannot afford to pay on an hourly basis.