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Veterans Disability Litigation

Ken counsels military veterans to help them get the disability benefits they deserve. Ken assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims as per an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The amount of monetary compensation per month that veterans disability attorney receive for service connected disabilities is based on their disability rating. The rating is based on the severity of an injury or illness, and can range between 0% and 100% in increments of 10% (e.g. 20 percent 30 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.

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

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

A majority of the conditions that qualify an individual for disability compensation are described in the Code of Federal Regulations. Certain of these conditions, however require an expert's advice. An experienced veteran lawyer can assist a client to obtain this opinion and provide the evidence required to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are proficient in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself at an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an integral part of his practice.

How do I make a claim?

First, veterans need to find the medical evidence that supports their condition. This could include X-rays, doctor's reports as well as any other documentation related to the veteran's condition. Making these records available to the VA is essential. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intention to file. This is a form that allows the VA to review your claim even before you have all the medical records required. This form also protects the effective date of your compensation benefits in the event that you are successful in your case.

The VA will schedule your medical exam after all the information has been received. This will depend on the quantity and type of disability you claim. Make sure you take the exam, since if you miss it the exam could delay your claim.

Once the examinations are complete After the examinations are completed, after the examinations are completed, VA will review the evidence and send you a decision packet. If the VA rejects your claim, you have one year from the date of the letter to request a more thorough review.

At this moment, a lawyer could assist you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a hugely beneficial to people seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans can be extremely frustrating. The VA has an appeals process for these decisions. The first step is to send the Notice of Disagreement to the VA regional office that sent you the Rating decision. In your Notice Of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. You don't need to list all of the reasons but you should include everything that you disagree on.

It's also crucial to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. In many cases there are missing or incomplete records. In some cases this could result in an error in the rating decision.

When you file your NOD, you will need to decide if you would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success if the DRO examines your case than when it's reviewed by the BVA.

In the event of a DRO review, you can request an individual hearing with an experienced senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, meaning they will not give deference to the previous decision. This usually results in a totally new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the longest appeals process, and it could take up to three years for a new decision.

What is the cost an attorney could charge?

A lawyer may charge a fee if you appeal a VA decision regarding an appeal for disability. However, current law prevents lawyers from charging for assistance when submitting a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case, or having your benefits increased through an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans can use the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a variety of matters including disability compensation and pension claims.

Most disability advocates for veterans are paid on an hourly basis. They only receive compensation when they prevail in their client's appeal and they receive back pay from VA. The amount of backpay given can be different however it could be as high as 20 percent of the claimant's past due benefits.

In rare cases, an agent or attorney may choose to charge on an hourly basis. This is not common for two reasons. First, these situations are usually time-consuming and can last for months or even years. Second, Veterans Disability most veterans and their families cannot afford to pay on an hourly basis.