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Veterans Disability Litigation

Ken counsels military veterans disability lawyer to help them obtain the disability compensation they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The amount of monetary compensation per month provided to veterans suffering from disabilities resulting from service is based on their disability rating. The rating is based on the severity of the injury or illness and can range from 0% to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their families.

The VA also offers other programs that offer additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.

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

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. However, a few of these circumstances require an expert's opinion. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the proof needed to support an application for disability compensation.

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

How do I claim a benefit?

Veterans must first find the medical evidence that proves 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. Making these records available to the VA is very important. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intent to file. This form lets the VA to review your claim before you have the needed information and medical records. This form also protects the date you can start receiving your compensation benefits if you succeed in your claim.

If all the required information is provided when all the information is in, the VA will schedule an exam for you. The VA will schedule an examination in accordance with the number of disabilities and the type you are claiming. Don't miss this exam because it could delay the process of submitting your claim.

After the examinations are completed after which the VA will examine the evidence and send you a decision-making packet. If the VA rejects the claim, you have a year to request a more thorough review.

A lawyer can help you at this point. VA-accredited lawyers are now involved in the appeals from the beginning which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a gruelling experience. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit a Notice to 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 are not happy with their decision. It is not necessary to list every reason, but you should be clear about the issues you disagree with.

You must also request a C-file or claims file so that you can see the evidence that the VA used to make their decision. Most of the time there are no or insufficient records. This could lead to a mistake in the rating.

If you submit your NOD you must choose whether you would like to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when the DRO examines your case rather than when it's reviewed by the BVA.

You can request a private hearing with a senior rating expert through a DRO review. The DRO will examine your claim "de novo" which means they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest appeals procedure and can take up to three years before you receive a new decision.

What is the cost an attorney could charge?

A lawyer could charge a fee for assisting you appeal a VA disability decision. The law as it stands today does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee has to be contingent upon the lawyer winning your case or getting your benefits increased by an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans can search the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors on a range of issues including pension and disability compensation claims.

Most disability advocates for veterans work on a contingency. They only get paid when they win their client's appeal, and also receive back pay from VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's total past due benefits.

In rare cases lawyers or agents may choose to charge an hourly rate. However, this is not the norm for two reasons. These matters can take months or years to resolve. Additionally, many veterans Disability law firms and their families can't afford to pay an hourly rate.