Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken also represents his clients in VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School Veterans Disability Law Firms Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.

What is an VA disability?

The disability rating determines the amount of monthly compensation paid to veterans with disabilities that are related to service. The rating is determined by the severity of the injury or illness and can range from 0% to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The amount is devoid of 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, and hospitalization allowances. These benefits are in addition to basic disability compensation.

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

Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. Some of these conditions, however require an expert's advice. A veteran lawyer with experience can help a customer obtain an opinion, and also provide the evidence required to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to ensuring that our clients obtain the disability benefits that they are entitled to. We have handled hundreds of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans' rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans need to look up the medical evidence to prove their disability. This includes X-rays or doctor's reports, as any other documentation pertaining to the veteran's condition. It is vital to provide these documents to the VA. If a veteran does not have these documents and the VA should be notified by the applicant (or their VSO).

The next step is a filing of an intention to file. This form allows the VA to review your claim before you have all the required information and medical records. It also preserves your date of eligibility for compensation benefits in the event that you win your case.

The VA will schedule your medical exam when all details have been received. This will depend on the number and type of disability you claim. Make sure you take this test, because If you don't, it could delay your claim.

The VA will provide you with a decision package after the tests have been completed. If the VA denies the claim, you will have one year to request a higher level review.

A lawyer can be of assistance in this situation. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a a huge benefit to those who seek disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling experience. Fortunately that the VA has an appeals procedure for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice Of Disagreement, you should explain to the VA why you disagreed with their decision. It is not necessary to list all of the reasons however, you must mention everything that you disagree on.

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

If you submit 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 will have a better chance of success with the DRO review DRO review than with the BVA.

You can request a personal hearing with a senior rating expert via the process of a DRO review. The DRO will review your claim "de novo", meaning that they will not rely on the previous decision. This usually results in an entirely new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the most lengthy appeals procedure and can take up to three years to reach a new decision.

How much does an attorney charge?

A lawyer may charge a fee if you appeal an VA decision on a disability claim. The current law does not allow lawyers to charge for initial assistance in a claim. This is due to the fact that the fee has to be contingent on the lawyer winning your case, or getting your benefits increased by an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans may be able find accredited representatives through the VA's searchable database of accredited attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a variety of matters including pension and disability compensation claims.

Most veterans' disability advocates are paid on the basis of a contingent. They only get paid when they succeed in winning their client's appeal and they are also paid back from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total benefit amount.

In rare instances, an agent or lawyer may choose to charge an hourly rate. But, this isn't common due to two reasons. First, these matters are usually time-consuming and can take months or even years. The second reason is that many veterans and their families don't afford an hourly fee.