Veterans Disability Litigation

Ken advises veterans of the military to assist them in getting the disability compensation they deserve. He is also a lawyer for his clients at 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 disability rating determines the amount of monthly compensation paid to veterans with disabilities that are related to service. This rating is determined by the severity of an illness or injury and can range from zero and 100% in increments of 10 percent (e.g. 20% 30 percent, 30 percent, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.

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

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 extra credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. Certain of these conditions however, require an expert's opinion. An experienced lawyer can help a customer obtain this opinion, and provide the evidence required to prove a claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans disability lawyers claims and appeals. We are dedicated to ensuring that our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans disability law firm a priority for his practice.

How do I file a claim?

The first step is to find the medical evidence that supports their condition. This includes X-rays and doctor's reports, as in any other documentation related to the veteran's condition. It is crucial to provide these records to VA. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intention to file. This form allows the VA to review your claim before you have all the required information and medical records. This form also protects the date of effective compensation benefits in the event that you are successful in your case.

The VA will schedule your medical exam after all the information is received. It will depend on the amount and type of disability you claim. If you fail to attend this test, it could delay the process of submitting your claim.

The VA will send you a decision-making package once the examinations have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.

At this moment, a lawyer will help you. Lawyers who are accredited by VA can now be involved in appeals right from the beginning, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a frustrating experience. Thankfully the VA has an appeals procedure for these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice Of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. You don't need to list all the reasons but you should list everything that you disagree on.

It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. Sometimes there are no or insufficient records. In some cases it could lead to an error in the rating decision.

When you file 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. Generally speaking, you will be more likely to have success with the DRO review DRO review than with the BVA.

You can request a personal hearing with a senior rating expert via a DRO review. The DRO will examine your claim "de novo" which means that they will not be influenced by the previous decision. This typically results in a new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most time consuming appeals path and typically takes between one and three years for a new decision.

How much will a lawyer charge?

A lawyer can charge a fee to help you appeal an VA disability decision. However, current law prohibits lawyers from charging for initial assistance in the case. The fee is only due if the lawyer wins your case or increases your benefits by filing an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans are able to search the database of attorneys who are accredited or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or their dependents in a wide spectrum of cases including pension and disability compensation claims.

Most disability advocates for veterans work on a contingency basis. This means that they are only paid if they prevail in the client's appeal and receive back pay from the VA. The amount of backpay paid can vary, but it can be as high as 20 percent of a claimant's past due benefits.

In rare instances an attorney or agent may decide to charge an per hour basis. However, this is uncommon for two reasons. These issues can take a long time to resolve. Second, most veterans and their families cannot afford to pay on an hourly basis.