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Veterans Disability Litigation

Ken counsels veterans of the military to help them obtain the disability compensation they deserve. Ken also represents clients in 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 an VA disability?

The disability rating determines the amount of monthly payments to veterans who have disabilities that are related to service. The rating is based on the severity of an illness or injury and can vary between zero and 100% in increments of 10 percent (e.g. 20 percent 30, 30 percent, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their family.

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

The Social Security Administration also gives veterans disability legal special credits they can utilize to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. Some of these conditions, however, require an expert's opinion. An experienced lawyer can assist a client in obtaining this opinion, and supply the evidence needed to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to ensuring that our clients receive the disability benefits that they are entitled to. We have handled hundreds of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans rights a major part of his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans disability legal need to find the medical evidence for their disability. This could include X-rays, doctor's reports, as well with any other documentation that is related to the condition of the veteran. It is crucial to provide these records to VA. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).

The next step is a filing of an intention to file. This form allows the VA examine your claim even before you have the proper information and medical records. It also ensures that you have an effective date for compensation benefits in the event that you win your case.

The VA will schedule your appointment once all of the information is received. This will depend on the quantity and type of disability you claim. If you fail to attend this test, it could delay the process of submitting your claim.

Once the tests are complete, the VA will examine the evidence and send you a decision package. If the VA refuses to accept the claim you'll have one year to request a more thorough review.

At this point, a lawyer can assist you. VA-accredited lawyers can now be involved in appeals right from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a difficult experience. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA why you are not happy with their decision. You don't need to list all the reasons however, you must mention everything that you disagree on.

You should also request your C-file, or claims file, so that you can see what evidence the VA used to make their decision. There are usually insufficient or missing records. In some cases, this can lead to an error in the rating decision.

If you file your NOD, it will be asked to decide if you would like your case to be reviewed by the Board of veterans disability settlement Appeals or a Decision Review officer. In general, you'll have a higher chance of success with a DRO review than with the BVA.

You can request a private hearing with an expert in senior Veterans Disability Litigation rating through a DRO review. The DRO will examine your claim "de novo", meaning that they will not defer to the previous decision. This usually results in a new Rating Decision. You can also have the BVA in Washington examine your claim. This is the longest appeals process and it can take up to three years before you receive an appeal to be heard.

What is the average amount an attorney can charge?

A lawyer can charge a fee to assist you appeal a VA decision regarding a disability claim. However, current law prevents lawyers from charging for initial assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits through an appeal. Typically the fees will be paid out of any lump-sum payments you receive from the VA.

veterans disability litigation are able to search the database of accredited attorneys or claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent veterans disability compensation, service members, dependents, or survivors in a variety of matters including pension and disability compensation claims.

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

In rare instances an attorney or agent might decide to charge on an an hourly basis. This is not common due to two reasons. These matters can take months or years to resolve. The second reason is that most veterans and their families cannot afford to pay on an hourly basis.