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veterans disability lawsuits Disability Litigation

Ken helps veterans obtain the disability benefits 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, 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-connected disabilities. This rating is based upon the severity of the illness or injury and can range from 0% to 100% in increments of 10 percent (e.g., 20%, 30% etc). The amount is devoid of tax and provides a basic income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation like individual unemployment, auto allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the basic disability compensation.

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

Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. However, a few of these conditions require an expert's opinion. A seasoned veteran attorney can assist a client in obtaining this opinion and provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled a variety of disability cases and are familiar with the complexities of VA regulations and laws. Our firm was established by a disabled veteran who made fighting for veterans rights a key part of his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans need to locate the medical evidence that supports their condition. This includes X-rays, doctor's reports, or other documents related to their health. The submission of these records to the VA is essential. 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 a filing of an intent to file. This form lets the VA to review your claim before you have the proper information and medical records. This form also preserves the date on which you will receive your compensation benefits in case you win your case.

When all the data is provided, the VA will arrange an examination for you. The VA will schedule an exam based on the amount of disabilities you have and the type you are claiming. Make sure you take the exam, since in the event you fail to take it this could affect your claim.

The VA will send you a decision-making package once the examinations have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.

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

How do I appeal a denial?

Denial of disability benefits for veterans can be extremely frustrating. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you should tell the VA the reason you don't like their decision. You don't have to include all the reasons however, you must mention everything that you disagree on.

It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. There are usually documents that are not complete or have been deleted. This can lead to a mistake in the rating.

When you submit your NOD you must decide whether you want to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO examines your case than when it's reviewed by BVA.

In the event of an DRO review, you have the option of asking for an individual hearing before a senior rating specialist. The DRO will examine your claim "de novo", meaning that they will not defer to the previous decision. This typically will result in a brand new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. 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 assist you appeal an VA decision on the basis of disability. However, current law prevents lawyers from charging for assistance when submitting a claim. The fee is only due if the lawyer is successful in your case or increases your benefits via an appeal. Typically the fees will be directly derived from any lump-sum payment you receive from the VA.

Veterans can search the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide range of issues that include pension claims, disability compensation and claims.

The majority of veterans' disability advocates work on a contingency basis. This means that they only get paid if they succeed in winning the client's appeal and receive back pay from the VA. The amount of back pay that is awarded varies, but can be as high as 20 percent of the claimant's total benefits.

In rare instances, an agent or lawyer could decide to charge an hourly fee. But, this isn't common due to two reasons. First, these situations are usually time-consuming and can take months or even years. In addition, many veterans and their families cannot afford to pay an hourly fee.