Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they deserve. Ken 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 by denial of their disability claims.

What is an VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. The rating is determined by the severity of the illness or injury and can be as low as 0% and up to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their family.

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

The Social Security Administration also gives veterans special credit that they can use to boost their lifetime earnings 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 allow veterans to be eligible for disability compensation. However, certain conditions require an expert's advice. A veteran lawyer with experience can assist a client in obtaining this opinion and provide the evidence required to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients to receive the disability benefits they deserve. We have handled thousands of disability cases and are conversant with the complexities of VA laws and procedures. Our firm was started by a disabled vet who made fighting for veterans rights a top priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first locate the medical evidence of their disability. This includes any X-rays, doctor's reports or any other documentation relevant to their health. It is important to provide these documents to the VA. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to fill out an intent to file. This form allows the VA review your claim even before you have the proper information and medical records. It also keeps your effective date for receiving compensation in the event that you win your case.

When all the information is in when all the information is in, the VA will schedule an appointment for you. This will be dependent on the quantity and type of disability you claim. Make sure that you take the exam, since if you miss it and fail to take it, it could hinder your claim.

Once the tests are complete after which after the examinations are completed, VA will review the evidence and send you a confirmation packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.

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

How do I appeal a denial?

Denial of veterans disability benefits can be a gruelling experience. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to send 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 the reasons why you did not agree with their decision. It is not necessary to list 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 review the evidence the VA used in making their decision. Most of the time, there are missing or incomplete records. This could lead to an error in the rating.

When you file your NOD you will need to decide if you prefer to have your situation 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 reviews your case than when it's reviewed by BVA.

You can request a personal hearing with an expert in senior rating through the process of a DRO review. The DRO will examine your claim "de novo" which means that they will not be influenced by the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the most time taking appeals route and typically takes between one and three years to get a new decision.

How much does an attorney charge?

A lawyer can charge a fee to help appeal the VA decision on an appeal for disability. However, current law prohibits lawyers from charging fees to assist in a claim. The fee is only due if the lawyer is successful in your case or increases your benefits through an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans can find accredited representatives via the VA's searchable database that lists accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a variety of matters including disability compensation and pension claims.

Most disability advocates for veterans are paid on an ad-hoc basis. This means that they will only be paid if they win the appeal of the client and receive back payment from the VA. The amount of back pay that is paid varies, Vimeo but may be as high as 20 percent of the claimant's total past-due benefit amount.

In rare cases, an agent or attorney may decide to charge on an the hourly basis. This is not common due to two reasons. These matters can take a long time to resolve. In addition, many jacksboro veterans disability law firm and Vimeo their families can't afford an hourly rate.