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.

The Department of Veterans Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. This rating is determined by the severity of an illness or injury and can range from 0% and 100% in increments of 10 percent (e.g. 20 percent 30%, 20%, etc.). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.

VA offers additional compensation through other programs, including individual unemployment allowances for clothing prestabilization and hospitalization car allowances, and hospitalization allowances. These are in addition to the regular disability compensation.

In addition to these benefit programs in addition, the Social Security Administration gives military veterans disability law firm special credit to boost their lifetime earnings for retirement or disability benefits. These credits are referred to as "credit for service."

A majority of the conditions that make veterans for disability compensation are listed in the Code of Federal Regulations. However, a few of these conditions require an expert's advice. A veteran lawyer with experience can assist a client in obtaining this opinion, and provide the evidence required to prove an claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed with the complexities of VA laws and procedures. 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 at an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

Veterans need to first collect the medical evidence of their disability. This includes Xrays, doctor's notes or other evidence relevant to their condition. Providing these records to the VA is vital. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to make an intent to file. This is a form that permits the VA to begin reviewing your claim even before you have all the medical records that you require. It also keeps your date of eligibility for compensation benefits when you win your case.

When all the information is in When all the information is submitted, the VA will arrange an examination for you. The VA will schedule an exam depending on the number of disabilities and the type you are claiming. Be sure to take this test, because If you don't, 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.

At this moment, a lawyer will help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is an enormous benefit for those who seek disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a very frustrating experience. The VA has an appeals process for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't have to list every reason, but you must state all the issues that you disagree with.

It's also crucial to request your C-file (claims file) so you can see the evidence the VA used in making their decision. There are often insufficient or missing records. This could lead to a mistake in the rating.

When you file your NOD, you must choose whether you would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success when the DRO reviews your case than when it's reviewed by the BVA.

When you request an DRO review, you can request an individual hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on the basis of a "de de novo" basis, which means they do not give deference to the previous decision. This usually results in the issue of a new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the time taking appeals route and typically takes anywhere from one to three years to get a new decision.

How much can a lawyer charge?

A lawyer can charge a fee for helping you appeal a VA disability decision. However, current law prohibits lawyers from charging for assistance in the case. The fee is only payable in the event that the lawyer wins your case or increases your benefits by filing 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 lawyers accredited to practice or claim agents to locate accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a vast variety of cases including pension and Veterans Disability disability compensation claims.

Most veterans' disability advocates work on a contingency. This means that they only get paid if they succeed in winning the appeal of the client and receive back pay from the VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's total past due benefit.

In rare cases an attorney or agent may decide to charge an per hour basis. However, this is not the norm for two reasons. These issues could take months or even years to be resolved. Additionally, many veterans and their families are unable to afford to pay an hourly rate.