Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. Ken also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, discriminating against their disability claims according to the 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 monthly payments to veterans with service-related disabilities. The rating is based on the severity of an illness or injury and may range between 0% and 100% in increments of 10% (e.g. 20% 30 percent, 30 percent, etc.). The compensation is not subject to tax and provides a basic income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation, such as individual unemployment, car allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans disability law firm special credits they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require the opinion of an expert. A seasoned lawyer with experience can assist a client to obtain this opinion and present the evidence required to prove a claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients obtain the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a top priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I file a claim?

veterans disability lawsuit must first locate the medical evidence that proves their disability. This could include X-rays, doctor's notes, as well as any other documentation related to the condition of the veteran. Providing these records to the VA is crucial. If a veteran does not have these documents and the VA should be notified by the claimant (or their VSO).

The next step is to submit an intent to file. This form lets the VA review your claim even before you have all the required information and medical records. This form also protects the effective date of your compensation benefits in case you win your case.

The VA will schedule your medical exam once all of the information is received. This will be dependent on the quantity and type of disabilities you are claiming. In the event that you do not attend this exam, it could delay the processing of your claim.

The VA will send you a decision document once the examinations have been completed. If the VA denies the claim, you will have one year to request a more extensive review.

A lawyer can be of assistance at this point. VA-accredited lawyers can now be involved in appeals from the start, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a frustrating experience. Fortunately the VA has an appeals process for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. It is not necessary to list all the reasons, but you should mention all the points you disagree with.

It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. Sometimes there are no or incomplete records. In some instances, this can lead to an error in the rating decision.

When you file your NOD, it is up to you to decide if want to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a higher chance of success when you opt for a DRO review than with the BVA.

If you are subject to the DRO review you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will conduct an investigation of your claim on an "de de novo" basis, which means that they do not give deference to the previous decision. This typically results in the issue of a new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest taking appeals route and typically takes one to three years to get an updated decision.

What is the cost an attorney could charge?

A lawyer may charge a fee to assist you appeal an VA disability decision. However, the law currently prohibits lawyers from charging fees for assistance when submitting a claim. This is because the fee is contingent on the lawyer winning your case or having your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans are able to search the database of attorneys accredited by the VA or claim agents to locate accredited representatives. These people have been accredited by the Department of veterans disability law Firms Affairs to represent veterans, service members and their dependents or survivors in a variety of issues including disability compensation and pension claims.

Most veterans' disability advocates are paid on the basis of a contingent. They only receive compensation when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay that is granted can differ but can be as high as 20 percent of the claimant's past due benefits.

In rare instances an attorney or agent might decide to charge an hourly rate. This isn't often the case due to two reasons. First, these issues can be time-consuming and can take months or even years. Additionally, many veterans and their families can't afford an hourly rate.