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Veterans Disability Litigation

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

The Department of veterans disability lawyer Affairs discriminated against Black veterans for decades 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 a VA Disability?

The amount of monetary compensation per month that veterans receive for service-related disabilities is based on their disability rating. This rating is determined by the severity of an injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20% 30%, 20%, etc.). The amount is devoid of tax and provides a basic income to the disabled veteran and his family.

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

The Social Security Administration also gives veterans special credit that they can utilize to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. Some of these conditions, however require an expert's advice. An experienced veteran attorney can assist a client obtain this opinion, and provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to ensuring that our clients obtain the disability benefits that they deserve. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans rights a top priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans need to first collect the medical evidence of their disability. This includes X-rays, doctor's notes or other evidence that relate to their health. Making these records available to the VA is essential. If a veteran doesn't 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 form permits the VA to review your claim, even before you have all the information and medical records you need. It also keeps your effective date for compensation benefits if you win your case.

The VA will schedule your examination after all the details have been received. The VA will schedule an exam based on the number of disabilities and the type you are claiming. Be sure to take this test, because should you miss it this could affect your claim.

Once the examinations are complete Once the examinations are complete, after the examinations are completed, VA will examine the evidence and send you a decision packet. If the VA denies the claim, you have a year to request a more thorough review.

At this moment, a lawyer could assist you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a an enormous benefit to those who are seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans can be a source of frustration. Fortunately that the VA has an appeals process for these decisions. The first step is to send the Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement, you should explain to the VA why you are not happy with their decision. You don't have to list all the reasons but you should list everything you disagree with.

You should also request your C-file or claims file so that you can see what evidence the VA used to arrive at their decision. Most of the time there are gaps or insufficient records. This can lead to a mistake in the rating.

When you submit your NOD you will need to decide if you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success if the DRO examines your case than when it's reviewed by the BVA.

You can request a private hearing with a senior rating expert through a DRO review. The DRO will conduct an examination of your claim on the basis of a "de de novo" basis, which means they will not give any deference to the previous decision. This usually results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and can take approximately three years to get an update on the decision.

How much does an attorney charge?

Lawyers can charge a fee if you appeal an VA decision on the basis of disability. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer prevailing in your case or getting your benefits increased through an appeal. Typically, these fees will be paid directly from any lump-sum payment you receive from the VA.

Veterans can look through the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors in a range of issues including pension and disability compensation claims.

The majority of veterans disability law firms' disability advocates work on a contingency basis. This means that they will only be paid if they are successful in winning the appeal of the client and get back pay from the VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total benefits.

In rare instances lawyers or agents may choose to charge an hourly fee. However, this is uncommon for two reasons. First, these issues are usually time-consuming and can drag on for months or even years. Additionally, many veterans and their families don't afford an hourly rate.