Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The amount of monthly monetary compensation provided to veterans suffering from service connected disabilities is based on their disability rating. This rating is based upon the severity of the illness or injury and can vary from 0% to 100% in 10% increments (e.g., 20 percent, 30%, etc.). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation like the individual unemployed, the automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans a special credit they can use to boost their earnings over time to be eligible for disability or retirement benefits. These extra credits are known as "credit for service."

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

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself at a Board of veterans disability lawsuits Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.

How do I make a claim?

First, veterans must locate the medical evidence for their condition. This includes X-rays, doctor's notes or other evidence that relate to their medical condition. Making these records available to the VA is crucial. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).

The next step is the filing of an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. This form also preserves the date of effective compensation benefits in the event you win your case.

The VA will schedule your appointment once all of the information is received. The VA will set the date for the examination according to the number of disabilities as well as the type of disability you claim. Make sure that you take the exam, since should you miss it this could affect your claim.

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

At this moment, a lawyer could assist you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans' disability benefits can be frustrating. Thankfully, the VA has an appeals procedure for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice Of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. You don't have to include all of the reasons but you should list all the points you disagree with.

You must also request a C-file or claims file so that you can see the evidence that the VA used to make their decision. Most of the time there are missing or incomplete records. This can lead to an error in the rating.

If you submit your NOD it is up to you to decide if would like to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success if the DRO examines your case rather than if it's viewed by the BVA.

If you are subject to a DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will examine your claim "de novo" which means that they will not defer to the previous decision. This typically results in a completely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest appeals process and it can take up to three years before you receive an update on the decision.

How much can a lawyer charge?

Lawyers may charge a fee for assisting you appeal a VA disability decision. However, the law currently prohibits lawyers from charging fees for assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits by filing an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans are able to search the database of accredited attorneys or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a range of issues such as disability compensation and pension claims.

Most disability advocates for veterans are paid on the basis of a contingent. This means that they will only be paid if they win the appeal of the client and get back payments from the VA. The amount of back pay that is given varies, but it can be as much as 20 percent of the claimant's past-due benefit amount.

In rare cases an attorney or agent might choose to charge an hourly fee. This is not common due to two reasons. These issues can take a long time to be resolved. The second reason is that many veterans and their families are unable to afford to pay an hourly rate.