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Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they are entitled to. Ken assists 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 what is VA Disability?

The amount of monthly monetary compensation given to veterans with service-related disabilities 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% in 10% increments (e.g. 20%, 20%, 30% etc). The amount is devoid of tax and provides a basic income to the disabled veteran and his family.

VA provides additional compensation through other programs, like individual unemployment allowances for clothing, hospitalization and prestabilization, allowances for automobiles, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credits that they can use to boost their lifetime earnings to qualify for retirement or disability benefits. These extra credits are called "credit for service."

Many of the conditions that qualify veterans for disability compensation are listed in the Code of Federal Regulations. However, a few of these conditions require an expert's advice. A skilled lawyer with years of experience can assist a client to obtain this opinion and present the evidence required to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients get the benefits they're entitled to. We have handled thousands disability cases and we are well-versed with the intricacies of VA regulations and laws. Our firm was created by a disabled veteran who made fighting for veterans rights a key part of his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

The first step is to find the medical evidence that supports their impairment. This includes X-rays, doctor's reports or any other documentation related to their medical condition. It is vital to provide these documents to the VA. If a veteran doesn't have these documents, the VA must be informed by the claimant (or their VSO).

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

The VA will schedule your medical exam once all of the details have been received. This will be dependent on the quantity and type of disabilities you are claiming. Don't miss this exam because it could delay the process of submitting your claim.

The VA will provide you with a decision package after the tests have been completed. If the VA denies the claim, you'll have a year to request a more thorough review.

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

How do I appeal a denial?

The denial of disability benefits to veterans can be a source of frustration. Fortunately the VA has an appeals procedure for these decisions. The first step is to send an Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you must explain to the VA why you disagreed with their decision. It is not necessary to list every reason, but you should mention everything you disagree with.

It's also important to request your C-file (claims file) so you can see the evidence the VA used in making their decision. Most of the time there are gaps or incomplete records. In certain cases it could lead to an error in the rating decision.

After you have submitted your NOD, you will be asked if you want your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success when the DRO examines your case rather than if it's reviewed by the BVA.

You can request a personal hearing with a senior rating expert through the process of a DRO review. The DRO will conduct a review of your claim on an "de de novo" basis, which means they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the most lengthy appeals process and can take up to three years for an update on the decision.

What is the average cost a lawyer can charge?

A lawyer may charge a fee for helping appeal the VA decision regarding the basis of disability. However, current law prevents lawyers from charging fees for assistance with a claim. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans can look through the VA's database of accredited attorneys or claim agents to find accredited representatives. These individuals have been approved by the Department of veterans disability lawsuits Affairs to represent service members, veterans or their dependents on a range of issues including pension and disability compensation claims.

Most disability advocates for veterans disability law firms work on a contingency basis. This means that they are only paid if they prevail in the appeal of the client and get back pay from the VA. The amount of backpay that is granted can differ, but it can be as high as 20 percent of a claimant's past-due benefits.

In rare instances, an agent or lawyer might decide to charge an hourly fee. This is rare for two reasons. First, these situations can be time-consuming and can drag on for months or even years. Second, most veterans and their families are unable to afford to pay on an hourly basis.