Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. He also represents 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, disproportionately refusing their disability claims.

What is a VA Disability?

The disability rating determines the amount of compensation per month paid to veterans who have service-related disabilities. This rating is based on the severity of the illness or injury and can range from 0% up to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their families.

VA offers additional compensation through other programs, for example individual unemployment, clothing allowances, hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. These benefits are in addition to the basic disability compensation.

In addition to these benefit programs, the Social Security Administration gives military veterans special credit to boost their disability or retirement benefits. These extra credits are called "credit for service."

A majority of the conditions that can qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. However, certain circumstances require an expert's opinion. A veteran lawyer with experience can assist a client in obtaining an opinion, and also provide the evidence needed to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients obtain the benefits they're entitled to. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a key part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans must first locate the medical evidence to prove their disability. This includes X-rays and doctor's reports, as any other documentation pertaining to the veteran's condition. It is crucial to provide these documents to the VA. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).

The next step is to submit an intent to file. This form allows the VA review your claim even before you have the proper information and medical records. The form also keeps the date on which you will receive your compensation benefits in case you are successful in your case.

If all the required information is in When all the information is submitted, the VA will schedule an exam for you. The VA will schedule the exam depending on the number of disabilities as well as the type of disability you're claiming. Be sure to take this test, because should you miss it this could affect your claim.

After the examinations are completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and give you a confirmation packet. If the VA rejects the claim, you have a year to request a higher level review.

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

How do I appeal a denial?

The denial of veterans' disability benefits can be frustrating. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you should tell the VA why you disagree with their decision. You don't have to give every reason, but you must state all the issues that you don't agree with.

It's also important to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. Often times, there are missing or incomplete records. In some instances this could result in an error in the rating decision.

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 Appeals. In general you'll have more of a chance of success when the DRO examines your case than when it's reviewed by the BVA.

You can request a private hearing with a senior rating expert via a DRO review. The DRO will examine your claim "de novo" this means they will not accept the previous decision. This typically results in a totally new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and it can take up to three years before you receive an update on the decision.

How much does an attorney charge?

Lawyers can charge a fee to help you appeal the VA decision regarding an appeal for disability. However, current law prevents lawyers from charging for assistance with a claim. The fee is only due when the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans may be able identify accredited representatives by using the VA's searchable database that lists licensed attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a vast range of issues that include pension claims, disability compensation and claims.

Most veterans disability lawyer' disability advocates operate on a contingent basis. They only receive compensation when they prevail in their client's appeal and also receive back pay from 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 benefit.

In rare cases an attorney or agent may choose to charge on the hourly basis. This is uncommon due to two reasons. First, these issues are usually time-consuming and can go on for months or even years. Second, most veterans and their families cannot afford to pay for these services on an hourly basis.