Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of veterans disability attorney Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims in the lawsuit filed this week by Yale Law School's veterans disability lawsuits Legal Services Clinic.

What is an VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have service-related disabilities. This rating is based upon the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his family.

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

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

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. Some of these conditions, however require the opinion of an expert. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence needed to prove a claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and we are well-versed with the intricacies of VA regulations and laws. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself at a Board of Veterans Appeals Hearing, made veterans' rights an important aspect of his work.

How do I claim a benefit?

Veterans must first locate the medical evidence that proves their disability. This includes any X-rays, doctor's notes or other evidence related to their condition. The submission of these records to the VA is essential. If a veteran doesn't have these documents then the VA must be informed by the applicant (or their VSO).

The next step is to make an intent to file. This is a form that permits the VA to review your claim before you have all the medical records you need. This form also preserves the date on which you will receive your compensation benefits if you have a successful case.

The VA will schedule your exam when all details have been received. This will depend on the type and number of disabilities you are claiming. Make sure you attend this test, because if you miss it, it could delay your claim.

After the examinations are completed, after the examinations are completed, VA will examine the evidence and give you a decision packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.

At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a gruelling experience. The VA provides an appeals procedure 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 must explain to the VA the reasons why you did not agree with their decision. You don't have to include all the reasons however, you must mention everything that you disagree on.

You must also request your C-file, or claims file, so that you can determine the evidence that the VA used to make their decision. In many cases there are missing or incomplete records. This can result in an error in the rating.

When you submit your NOD, it will be asked to select whether you would like your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success if the DRO reviews your case, compared to if it's reviewed by the BVA.

With an DRO review, you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will examine your claim "de 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 process, and it could take up to three years to reach a new decision.

How much can a lawyer charge?

A lawyer can charge a fee if you appeal a VA decision on an appeal for disability. But, current law prohibits lawyers from charging for assistance when submitting a claim. This is because the fee has to be contingent on the lawyer winning your case or getting your benefits increased by an appeal. Typically, these fees will be paid directly out of any lump-sum payments you receive from the VA.

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

Most veterans' disability advocates work on a contingency. This means that they only get paid if they are successful in winning the client's appeal and receive back payment from the VA. The amount of backpay paid can vary however it could be as high as 20 percent of the claimant's past-due benefits.

In rare cases, an agent or lawyer could decide to charge an hourly fee. This is not common due to two reasons. These matters can take months or years to be resolved. Second, most veterans and their families are unable to afford to pay on an hourly basis.