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Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. Ken is also a lawyer for his 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 by disproportionately denying their disability claims.

What is a VA Disability?

The amount of monetary compensation per month paid to veterans with service connected disabilities is based on their disability rating. This rating is based upon the severity of an injury or illness and can vary between zero and 100% in increments of 10 percent (e.g. 20% 30 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their families.

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

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

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. Certain of these conditions, however require the opinion of an expert. A veteran lawyer with experience can assist a customer in obtaining this opinion, and provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients obtain the benefits they're entitled to. We have handled thousands of disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was established by a disabled veteran who made fighting for veterans' rights a top priority in his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

First, Veterans Disability Law Firms must locate the medical evidence for their condition. This includes Xrays or doctor's reports, as well with any other documentation that is related to the veteran's condition. Making these records available to the VA is vital. 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 fill out an intent to file. This form allows the VA examine your claim even before you have the necessary information and medical records. It also keeps your effective date for compensation benefits when you win your case.

When all the data is submitted when all the information is in, the VA will schedule an examination for you. This will depend on the number and type of disabilities you are claiming. If you fail to attend this test, it could delay the process of submitting your claim.

Once the examinations are complete After the examinations are completed, after the examinations are completed, VA will examine the evidence and give you a confirmation packet. If the VA decides to deny the claim, you'll have one year to request a higher-level review.

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

How do I appeal a denial?

Denial of veterans disability benefits can be a gruelling experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disparage, 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 be clear about the issues you disagree with.

You should also request your C file or claims file so that you can determine the evidence that the VA used to arrive at their decision. There are usually incomplete or missing data. This can lead to a mistake in the rating.

When you file your NOD, you must decide whether you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a better chance of success with the DRO review DRO review than with the BVA.

With an DRO review, you have the option of requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on an "de novo" basis, meaning they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. You can also have the BVA in Washington examine your claim. This is the time consuming appeals path and typically can take between one and three years to receive an updated decision.

How much can a lawyer charge?

A lawyer may charge a fee to assist you appeal an VA disability decision. The current law does not permit lawyers to charge fees for initial assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans can search the VA's database of accredited attorneys or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a vast variety of cases, including pension claims and disability compensation claims.

The majority of veterans' disability advocates are paid on an hourly basis. They only receive compensation when they succeed in winning their client's appeal and they also receive back pay from 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 attorney or agent may decide to charge on an an hourly basis. However, this is not the norm due to two reasons. These issues can take months or even years to resolve. The second reason is that many veterans and their families are unable to afford to pay an hourly fee.