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Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, generally denying their disability claims in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The amount of monthly monetary compensation given to veterans with service-related disabilities is determined on their disability rating. The rating is determined by the severity of the injury or illness and can be as low as 0% and up to 100% in 10% increments (e.g. 20%, 20%, 30% etc). The compensation is free of tax and provides a basic source of income to the disabled veteran and his family.

VA offers additional compensation through other programs, including individual unemployment, clothing allowances prestabilization and hospitalization, car allowances, and hospitalization allowances. These are in addition to the regular disability compensation.

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

Many of the conditions that qualify veterans for disability compensation are described in the Code of Federal Regulations. However, certain conditions require an expert's opinion. An experienced lawyer can assist a client in obtaining this opinion, and provide the necessary evidence to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans disability law firm with disabilities claims and appeals. We are dedicated to helping our clients obtain the disability benefits that they deserve. We have handled thousands disability cases and are well-versed with the intricacies of VA rules and regulations. Our firm was created by a disabled veteran who made fighting for veterans rights a top priority in his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first gather the medical evidence to prove their impairment. This could include X-rays, doctor's reports, as with any other documentation that is related to the veteran's condition. It is crucial to provide these documents to the VA. If a veteran doesn't have these documents and the VA should be notified by the claimant (or their VSO).

The next step is to submit an intent to file. This form allows the VA to review your claim before you have all the medical records you need. It also ensures that you have an date of effective for benefits if you win your case.

The VA will schedule your medical exam after all the details have been received. The VA will schedule an exam in accordance with the number of disabilities as well as the type of disability you're claiming. Don't miss this exam because it could delay the process of your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA refuses to accept the claim you'll have a year to request a more thorough review.

A lawyer can help in this situation. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a gruelling experience. The VA has an appeals process to appeal these decisions. The first step is to submit the Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement you should state to the VA the reasons why you did not agree with their decision. You don't have to list all of the reasons however, you must mention all the points you disagree with.

It is also essential to request your C-file (claims file) to see the evidence that the VA used to make their decision. There are often incomplete or missing records. In some cases, this can lead to an error in the rating decision.

When you file your NOD, the applicant will be asked if you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success when the DRO reviews your case, compared to if it's reviewed by the BVA.

If you are subject to a DRO review you have the option of requesting an individual hearing with a senior rating specialist. The DRO will conduct a review of your claim on the basis of a "de novo" basis, meaning they don't give deference the previous decision. This typically results in a totally new Rating Decision. You can also choose to request that the BVA in Washington review your claim. This is the most lengthy appeals process, and it could take up to three years for an update on the decision.

What is the cost an attorney could charge?

A lawyer can charge a fee for assisting you appeal a VA disability decision. The law as it stands today does not permit lawyers to charge for initial assistance in a claim. This is because the fee is dependent on the lawyer winning your case, or having your benefits increased through an appeal. Typically the fees are directly derived from any lump-sum payment you receive from the VA.

Veterans may locate accredited representatives using the VA's searchable database that lists accredited attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors on a range of issues including pension and disability compensation claims.

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

In rare cases lawyers or agents might decide to charge an hourly fee. But, this isn't common for two reasons. These issues can take a long time to resolve. Second, many veterans and their families can't afford to pay an hourly fee.