Veterans Disability Litigation

Ken advises veterans of the military to assist them in obtaining the disability compensation they deserve. He also represents his 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 disability litigation by disproportionately denying their disability claims.

What is a VA disability?

The disability rating determines the amount of monthly compensation paid to veterans with service-related disabilities. This rating is based upon the severity of an injury or illness and may range between 0% and 100% in increments of 10 percent (e.g. 20% 30, 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, including individual unemployment, clothing allowances, hospitalization and prestabilization, car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.

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

A majority of the conditions that can qualify veterans for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions however require an expert's advice. An experienced lawyer can assist a customer in obtaining this opinion, and supply the necessary evidence to support the claim for disability compensation.

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

How do I make a claim?

First, veterans must locate the medical evidence supporting their disability. This includes any X-rays, doctor's reports or other documentation regarding their condition. It is crucial to provide these documents to the VA. 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 form allows the VA examine your claim even before you have the needed information and medical records. It also keeps your date of eligibility for compensation benefits in the event that you win your case.

The VA will schedule your examination after all the required information is received. It will depend on the quantity and type of disability you claim. Be sure to take this test, because in the event you fail to take it, it could delay your claim.

After the examinations have been completed after which the VA will examine the evidence and give you a confirmation packet. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.

A lawyer can assist you at this point. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is a an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a difficult experience. The VA has an appeals process 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 must explain to the VA why you were dissatisfied with their decision. It is not necessary to list all the reasons however, you must mention everything that you disagree on.

It is also essential to request your C-file (claims file) to see the evidence that the VA used to make their decision. Most of the time there are missing or insufficient records. This could lead to a mistake in the rating.

When you file your NOD, you must choose whether you prefer to have your situation reviewed by a Decision-Review Officer or by the Board of veterans disability compensation Appeals. Generally speaking, you'll be more likely to have success when you opt for a DRO review than with the BVA.

If you are subject to an DRO review, you can request a personal hearing before a senior rating specialist. The DRO will examine your claim "de de novo", meaning that they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the most time taking appeals route and typically takes between one and three years to obtain a new decision.

How much does a lawyer charge?

A lawyer can charge a fee for assisting you appeal an VA disability decision. However, current law prevents lawyers from charging fees to assist with a claim. The fee is only due if the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid out of 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 locate accredited representatives. They are vetted by the Department of veterans disability lawsuit Affairs and can represent veterans, service members or dependents in a vast variety of cases that include pension claims, disability compensation and claims.

Most veterans' disability advocates operate on a contingent basis. This means that they only get paid if they prevail in the client's appeal and receive back payments from the VA. The amount of backpay that is paid can vary, but it can be as high as 20 percent of a claimant's past-due benefits.

In rare cases attorneys or agents might decide to charge on an the basis of an hourly rate. This is rare for two reasons. These matters can take months or even years to resolve. Second, most veterans and their families can't afford to pay for these services on an hourly basis.