Veterans Disability Litigation

Ken counsels veterans disability law firm of the military to assist them in obtaining the disability compensation they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by discriminating against their disability claims according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The amount of monthly monetary compensation given to veterans with service-related disabilities is determined on their disability rating. This rating is based on the severity of the injury or illness and can vary from 0% to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.

VA offers additional compensation through other programs, for example individual unemployment, clothing allowances prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These are in addition to the regular disability compensation.

In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credits to increase their lifetime earnings for disability or retirement benefits. These extra credits are referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. Certain of these conditions, however, require an expert's opinion. A seasoned veteran attorney can assist a client in obtaining an opinion, and also provide the evidence required to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled a variety of disability cases and are familiar with the complexities of VA rules and regulations. 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 and gaining the support of veterans, made the rights of veterans a priority for his practice.

How do I submit a claim?

The first step is to look up the medical evidence to prove their disability. This includes Xrays or doctor's notes, as well as any other documentation related to the condition of the veteran. Making these records available to the VA is very important. If a veteran does not have these documents, they should 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 you require. This form also ensures the effective date of your compensation benefits in the event that you have a successful case.

The VA will schedule your medical exam after all the details have been received. This will be dependent on the quantity and type of disability you claim. If you fail to attend this test, it could delay the processing of your claim.

The VA will send you a decision package after the tests have been completed. If the VA denies your claim you have one year from the date of the letter to request a higher-level review.

A lawyer can help in this situation. Accredited lawyers from VA can be involved in appeals from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be a source of frustration. Fortunately, the VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your notice of disagreement, you have to tell the VA the reasons you don't agree with their decision. You don't have to list every reason, but you should state all the issues that you don't agree with.

It's also crucial to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. There are often incomplete or missing data. This can sometimes lead to a mistake in the rating.

If you file your NOD, the applicant will be asked to choose whether you would like your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO reviews your case, compared to if it's reviewed by the BVA.

With an DRO review, you have the option of requesting a personal hearing before a senior rating specialist. The DRO will review your claim "de de novo" this means they will not be influenced by the previous decision. This usually results in a totally new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the most lengthy appeals process, and it could take up to three years before you receive a new decision.

How much does an attorney charge?

A lawyer could charge a fee to assist you appeal a VA disability decision. The law as it stands today does not allow lawyers to charge fees for initial assistance in a claim. The fee is only due if 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 can look through the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast spectrum of cases such as disability compensation claims and pension claims.

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

In rare cases, an agent or attorney may choose to charge on the hourly basis. This is not common due to two reasons. These matters could take months or even years to resolve. Additionally, many veterans and their families can't afford an hourly fee.