Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by generally denying their disability claims, according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The amount of monthly monetary compensation provided to veterans suffering from service-related disabilities is determined on their disability rating. The rating is based on the severity of an injury or illness and can vary between zero and 100% in increments of 10 percent (e.g. 20 percent 30%, 20%, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.

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 are in addition to the basic disability compensation.

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

Code of Federal Regulations lists several conditions that qualify a veteran to receive disability compensation. However, some of these conditions require an expert opinion. An experienced veteran attorney can assist a customer in obtaining this opinion, and provide the evidence required to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients receive the benefits they're entitled to. We have handled a variety of disability cases and we are well-versed with the complexities of VA regulations and laws. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself at a Board of Veterans Appeals Hearing and making susanville veterans disability lawsuit' rights the top priority in his practice.

How do I make a claim?

The first step is to find the medical evidence for their disability. This includes X-rays or doctor's notes, as well in any other documentation related to the veteran's condition. Providing these records to the VA is very important. If a veteran does not have these documents then the VA must be informed by the applicant (or their VSO).

The next step is to make an intent to file. This form lets the VA examine your claim even before you have all the required information and medical records. This form also protects the date you can start receiving your compensation benefits if you are successful in your case.

Once all the information is submitted after all the information has been received, the VA will schedule an appointment for you. The VA will schedule an examination depending on the amount of disabilities you have and the type you are claiming. Attend this exam as missing it could delay the process of submitting your claim.

Once the tests are complete after which the VA will examine the evidence and send you a decision-making packet. If the VA rejects the claim, you'll have one year to request a more extensive review.

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

How do I appeal a denial?

The denial of disability benefits to veterans can be extremely frustrating. The VA has an appeals process to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason, but you should mention everything that you disagree on.

It is also essential to request your C-file (claims file) to see the evidence that the VA used to make their decision. In many cases there are no or incomplete records. In certain cases this could lead to an error in the rating decision.

If you file your NOD, you'll be asked to select whether you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you will have a better chance of success when you opt for the DRO review DRO review than with the BVA.

If you are subject to the DRO review you can request an individual hearing with an experienced senior rating specialist. The DRO will conduct the review of your claim on an "de de novo" basis, meaning they do not give deference to the previous decision. This usually results in an entirely new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the most lengthy appeals process and it can take up to three years for an update on the decision.

How much can an attorney charge?

A lawyer may charge a fee for helping appeal an VA decision on the basis of disability. However, the law currently prohibits lawyers from charging for assistance with a claim. This is because the fee must be contingent upon the lawyer winning your case, or getting your benefits increased by an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans can locate accredited representatives using the VA's searchable database of accredited attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a wide range of issues, including disability compensation claims and pension claims.

The majority of veterans' disability advocates operate on a contingent basis. This means that they will only be paid if they win the client's appeal and receive back payments from the VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total past due benefits.

In rare instances, an agent or attorney may choose to charge on the basis of an hourly rate. This is rare for two reasons. These matters can take months or years to be resolved. The second reason is that most veterans and their families can't afford to pay on an hourly basis.