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Veterans Disability Litigation

Ken assists veterans to get 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 discriminating against their disability claims.

What is a VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans with disabilities that are related to service. This rating is determined by the severity of an injury or illness and can range from 0% and 100% in increments of 10 percent (e.g. 20% 30 percent, 30 percent, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their family.

VA provides additional compensation through other programs, like individual unemployment, clothing allowances as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

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

A majority of the conditions that allow disabled veterans disability attorneys for disability benefits are listed in the Code of Federal Regulations. Certain of these conditions however, require an expert's opinion. An experienced lawyer can assist a client obtain this opinion, and supply the evidence required to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans disability attorneys in appeals and claims for disability. We are dedicated to ensuring that our clients get the disability benefits that they deserve. We have handled thousands of disability cases and are familiar with the intricacies of VA laws and procedures. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself at an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I submit a claim?

First, veterans must find the medical evidence to prove their condition. This includes X-rays and doctor's notes or other evidence regarding their medical condition. It is important to provide these records to VA. If a veteran does not have these documents then the VA must be informed by the applicant (or their VSO).

The next step is the filing of an intention to file. This is a form that allows the VA to review your claim before you have all the information and medical records you need. This form also ensures the date on which you will receive your compensation benefits in the event that you succeed in your claim.

When all the data is submitted after all the information has been received, the VA will schedule an examination for you. The VA will set the date for the examination according to the number of disabilities and the type you claim. Attend this exam as missing it could delay the process of submitting your claim.

The VA will send you a decision-making package when the examinations have been completed. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.

At this point, a lawyer can help you. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans disability compensation can be a source of frustration. Fortunately that the VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA why you disagreed with their decision. It is not necessary to list every reason, but you must state all the issues that 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 make their decision. In many cases there are gaps or incomplete records. In certain cases, this can lead to an error in the rating decision.

After you have submitted your NOD, you'll be asked if you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success if the DRO examines your case than if it's viewed by the BVA.

You can request a personal hearing with an expert in senior ratings through the process of a DRO review. The DRO will conduct a review of your claim on a "de de novo" basis, meaning they will not give any deference to the previous decision. This typically results in a new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the most time consuming appeals path and typically takes between one and three years to obtain a new decision.

What is the average cost a lawyer can charge?

A lawyer could charge a fee for Veterans Disability Litigation helping you appeal a VA disability decision. The law currently does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

veterans disability attorney may be able to identify accredited representatives by using the VA's searchable database that lists licensed attorneys or claims agents. They are vetted by the Department of veterans disability litigation Affairs and can represent veterans, service members or dependents in a broad spectrum of cases including pension and disability compensation claims.

The majority of veterans' disability advocates work on a contingency basis. This means that they are only paid if they succeed in winning the client's appeal and receive back payments from the VA. The amount of back pay that is given varies, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare cases lawyers or agents might decide to charge an hourly fee. This is rare for two reasons. First, these matters tend to be time-consuming and can take months or even years. Second, most veterans and their families can't afford to pay for these services on an hourly basis.