Veterans Disability Litigation

Ken counsels military veterans to help them obtain the disability compensation they are entitled to. 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 an VA Disability?

The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. This rating is based upon the severity of the injury or illness and can vary from 0% to 100% in 10% increments (e.g., 20%, 30% etc). The compensation is tax-free, and provides a minimum income to the disabled veteran and their families.

The VA also has other programs that provide additional compensation like individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These 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 credits to increase their earnings over the course of their lives for disability or retirement benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, certain conditions require an expert's opinion. An experienced veteran attorney can assist a client obtain this opinion, and supply the necessary evidence to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after securing his own representation in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.

How do I submit a claim?

Veterans must first find the medical evidence of their disability. This includes Xrays or doctor's notes, as well any other documentation pertaining to the condition of the veteran. It is essential to submit these records to VA. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to file an intent to file. This is a form that permits the VA to review your claim, even before you have all the medical records that you require. The form also keeps the date you can start receiving your compensation benefits if you win your case.

The VA will schedule your medical exam when all information has been received. This will depend on the quantity and type of disabilities you are claiming. Make sure you take the exam, since should you miss it this could affect your claim.

After the examinations are completed Once the examinations are complete, the VA will examine the evidence and send you a decision packet. If the VA refuses to accept the claim you have a year to request a higher-level review.

At this stage, a lawyer is able to assist you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit for those who seek disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans is a frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is submitting an Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you must tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you must mention all the aspects you disagree with.

You must also request your C-file or claims file so that you can see the evidence that the VA used to reach their decision. Sometimes there are no or incomplete records. This can lead to a mistake in the rating.

If you submit your NOD you must decide whether you prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when the DRO reviews your case than if it's viewed by the BVA.

With an DRO review you have the option of asking for an individual hearing with a senior rating specialist. The DRO will conduct a review of your claim on an "de novo" basis, which means they will not give deference to the previous decision. This usually results in a new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the longest appeals procedure and can take up to three years to reach an appeal to be heard.

How much can an attorney charge?

Lawyers may charge a fee to assist you appeal an VA disability decision. The law in place today does not permit lawyers to charge fees for initial assistance in a claim. This is because the fee is contingent upon the lawyer winning your case, or receiving your benefits increased as a result of an appeal. These fees are usually paid 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 for accredited attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a variety of matters including pension and disability compensation claims.

The majority of veterans disability lawyers' disability advocates work on a contingency basis. This means that they are only paid if they succeed in winning the client's appeal and receive back pay from the VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total past due benefit amount.

In rare cases, an agent or attorney may decide to charge an an hourly basis. However, this is not the norm for two reasons. These issues can take a long time to resolve. In addition, many veterans and their families don't afford an hourly fee.