Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

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

What is what is VA disability?

The disability rating determines the amount of monthly compensation paid to veterans with service-connected disabilities. This rating is based on the severity of the illness or injury and can vary from 0% to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is exempt from tax and provides a basic income to the disabled veteran and his family.

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

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

A majority of the conditions that qualify a veteran for disability compensation are included in the Code of Federal Regulations. However, some of these conditions require an expert's opinion. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence required to support a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was established 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 claim a benefit?

First, veterans must locate the medical evidence for their condition. This includes X-rays and doctor's reports, as well in any other documentation related to the veteran's condition. Making these records available to the VA is essential. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This form permits the VA to begin reviewing your claim, even before you have all the information and medical records you need. It also ensures that you have an effective date for receiving compensation if you win your case.

When all the data is provided When all the information is submitted, the VA will arrange an examination for you. The VA will set the date for the examination based on the number of disabilities and the type you are claiming. If you fail to attend this test, it could delay the process of submitting your claim.

The VA will send you a decision-making package after the examinations are completed. If the VA denies the claim, you'll have one year to request a higher level review.

At this moment, a lawyer could help you. VA-accredited lawyers can now be involved in appeals from the beginning, which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans can be a source of frustration. Fortunately the VA has an appeals procedure for these decisions. The first step is to send an Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement you should state to the VA why you were dissatisfied with their decision. It is not necessary to list every reason, but you should state all the issues that you disagree with.

It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. There are often documents that are not complete or have been deleted. This can result in a mistake in the rating.

When you file your NOD you will need to decide if you would like your case 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, compared to if it's reviewed by the BVA.

You can request a personal hearing with a senior rating expert via a DRO review. The DRO will conduct a review of your claim on a "de novo" basis, meaning they will not give any deference to the previous decision. This typically results in an entirely new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest demanding appeals process and usually takes anywhere from one to three years to receive an updated decision.

What is the average cost a lawyer can charge?

A lawyer may charge a fee if you appeal the VA decision on an appeal for disability. However, current law prohibits lawyers from charging for initial assistance in the case. This is because the fee must be contingent upon the lawyer winning your case, or receiving your benefits increased as a result of an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans can search the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These people are accredited by the Department of veterans disability law firm Affairs and are able to represent service members, veterans disability law firm or their dependents in a wide spectrum of cases, including pension claims, disability compensation and claims.

Most disability advocates for veterans work on a contingency. This means that they only get paid if they succeed in winning the appeal of the client and receive back pay from the VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total past-due benefit.

In rare instances an attorney or agent may choose to charge on per hour basis. But, this isn't common due to two reasons. First, these issues are often time consuming and lawsuit can drag on for months or even years. Additionally, many veterans and their families cannot afford to pay for these services on an hourly basis.