Veterans Disability Litigation

Ken advises veterans of the military to assist them in obtaining the disability benefits 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 disability litigation Affairs discriminated for decades against Black veterans by denial of their disability claims.

What is a VA disability?

The amount of monthly monetary compensation provided to veterans suffering from service-related disabilities is determined on their disability rating. 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%, 20 percent, 30%, etc.). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.

VA provides additional compensation through other programs, such as individual unemployment allowances for clothing prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These are in addition to basic disability compensation.

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

Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. Certain of these conditions however require an expert's advice. An experienced veteran attorney can help a customer obtain this opinion, and provide the necessary evidence to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to ensuring that our clients get the disability benefits they deserve. We have handled thousands of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I make a claim?

First, veterans need to track down the medical evidence to prove their impairment. This could include X-rays, Veterans Disability Litigation doctor's notes, as well with any other documentation that is related to the condition of the veteran. It is essential to submit these records to VA. If a veteran doesn't have these documents, they must be provided 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 allows the VA to review your claim before you have the necessary information and medical records. It also keeps your date of eligibility for compensation benefits should you prevail in your case.

The VA will schedule your exam when all details have been received. This will depend on the number and type of disabilities you are claiming. Don't miss this exam because it could delay the process of 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 in this situation. Accredited lawyers from VA can be involved in appeals right from the beginning, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a frustrating experience. Fortunately, the VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement you should tell the VA why you are not happy with their decision. You don't have to list every reason, but you must list all the points you disagree with.

You must also request your C-file, or claims file, to see what evidence the VA used to arrive at their decision. Sometimes there are missing or insufficient records. In certain cases this could result in an error in the rating decision.

When you submit your NOD you must choose whether you would like your case reviewed by a Decision-Review Officer or by the Board of veterans disability compensation Appeals. In general you'll have a higher chance of success if the DRO reviews your case, compared to when it's reviewed by the BVA.

You can request a private hearing with a senior rating expert through a DRO review. The DRO will examine your claim "de novo", meaning that they will not rely on the previous decision. This usually results in a new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the most lengthy appeals process, Veterans Disability Litigation and it could take up to three years before you receive a new decision.

How much does an attorney charge?

Lawyers may charge a fee to help you appeal an VA disability decision. However, current law prevents lawyers from charging for initial assistance when submitting a claim. This is because the fee must be dependent 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 may be able locate accredited representatives using the VA's searchable database for accredited attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a vast range of issues including pension claims, disability compensation and claims.

Most disability advocates for veterans are paid on an hourly basis. They only receive compensation when they win their client's appeal, and they also receive back pay from VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's past-due benefit amount.

In rare instances, an agent or attorney may choose to charge on per hour basis. But, this isn't common due to two reasons. First, these matters can be time-consuming and can drag on for months or even years. In addition, many veterans and their families are unable to afford an hourly rate.