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Veterans Disability Litigation

Ken assists veterans in navigating the system to help them obtain the disability benefits they deserve. He is also a lawyer for 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 Affairs discriminated for decades against Black veterans by denial of their disability claims.

What is an VA disability?

The amount of monetary compensation per month paid to veterans with service-related disabilities is determined 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%, 30%, etc.). The compensation is free of tax and provides a basic amount of income to the disabled veteran and his family.

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

In addition to these benefit programs In addition to these benefit programs, the Social Security Administration gives military veterans special credits to boost their earnings over the course of their lives for retirement or disability benefits. These extra credits are known as “credit for service.”

Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. However, some of these circumstances require an expert’s opinion. A seasoned veteran attorney can assist a client in obtaining this opinion and provide the evidence needed to support an claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans disability lawyer claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits that they are entitled to. We have handled thousands of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after securing his own representation in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.

How do I submit a claim?

First, veterans need to find the medical evidence for their impairment. This includes any X-rays, doctor’s reports or other documentation related to their medical condition. It is important to provide these records to VA. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).

The next step is to fill out an intent to file. This form allows the VA examine your claim even before you have the needed information and medical records. The form also keeps the date of effective compensation benefits in the event you succeed in your claim.

The VA will schedule your exam once all of the details have been received. The VA will schedule the exam based on the amount of disabilities you have and the type you are claiming. Make sure that you take this test, because If you don’t and fail to take it, it could hinder your claim.

Once the tests are complete Once the examinations are complete, the VA will examine the evidence and send you a decision package. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.

At this moment, a lawyer could help you. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is an enormous benefit to people seeking disability benefits.

How do I appeal a denial?

Denial of veterans’ disability benefits can be a source of frustration. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your notice of disagreement, you have to tell the VA why you disagree with their decision. You don’t have to list every reason but you should include everything that you disagree on.

You must also request your C-file or claims file so that you can see what evidence the VA used to reach their decision. Sometimes, there are missing or insufficient records. In certain cases this could result in 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’ll have a better chance of success when the DRO examines your case rather than when it’s reviewed by BVA.

With a DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will examine your claim “de de novo” which means they will not be influenced by the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the longest appeals procedure and can take up to three years for an update on the decision.

How much can an attorney charge?

Lawyers can charge a fee for helping you appeal a VA decision on the basis of disability. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer winning your case or getting your benefits increased by an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans can look through the VA’s database of attorneys who are accredited or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or dependents in a broad spectrum of cases including disability compensation claims and pension claims.

Most veterans’ disability advocates work on a contingency basis. They only get paid when they succeed in winning their client’s appeal and they receive back pay from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant’s past-due benefits.

In rare cases attorneys or agents may choose to charge on an hourly basis. But, this isn’t common for two reasons. First, these cases are usually time-consuming and can drag on for months or even years. The second reason is that most veterans and their families are unable to afford to pay for these services on an hourly basis.