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Veterans Disability Litigation

Ken assists veterans in navigating the system to help them get the disability compensation they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by discriminating against their disability claims, according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is an 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 based upon the severity of the injury or illness and can be as low as 0% and up to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for Veterans Disability Litigation disabled veterans disability settlement and their families.

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

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

Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. However, certain conditions require an expert opinion. A seasoned lawyer with experience can assist clients in obtaining this opinion and provide the evidence required to prove an application for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans disability lawyers in disability claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed with the intricacies of VA rules and regulations. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself in a Board of Veterans Appeals Hearing, made veterans' rights a priority for his practice.

How do I make a claim?

The first step is to find the medical evidence to prove their disability. This includes X-rays or doctor's notes, as well in any other documentation related to the veteran's condition. The submission of these records to the VA is vital. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This is a form that allows the VA to begin reviewing your claim before you have all the information and medical records that you require. It also protects your date of effective for benefits in the event that you win your case.

The VA will schedule your exam when all details have been received. It will depend on the type and number of disability you claim. Make sure that you take the exam, since if you miss it, it could delay your claim.

The VA will send you a decision document when the examinations have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can help in this situation. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a a huge benefit to people seeking disability benefits.

How do I appeal a denial?

The denial of veterans' disability benefits can be frustrating. The VA offers 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 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 state all the issues that you don't agree with.

You must also request your C-file, or claims file, so that you can determine what evidence the VA used to reach their decision. There are often incomplete or missing data. This can sometimes lead to a mistake in the rating.

After you have submitted your NOD, the applicant will be asked to select whether you would like your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO reviews your case than if it's reviewed by the BVA.

When you request a DRO review, you can request an individual hearing with an experienced senior rating specialist. The DRO will examine your claim "de novo" which means that they will not defer to the previous decision. This typically results in an entirely new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the longest consuming appeals path and typically can take between one and three years to get a new decision.

How much can an attorney charge?

A lawyer may charge a fee to help you appeal a VA disability decision. The law currently does not permit lawyers to charge for initial assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

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

Most disability advocates for veterans disability lawyer are paid on the basis of a contingent. This means that they only get paid if they are successful in winning the appeal of the client and get back payment from the VA. The amount of back pay that is granted varies, but could be as much as 20 percent of the claimant's past-due benefit amount.

In rare instances, an agent or lawyer might decide to charge an hourly fee. This is not common due to two reasons. First, these situations are usually time-consuming and can drag on for months or even years. Second, most veterans and their families are unable to afford to pay on an hourly basis.