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Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they deserve. Ken also represents his clients in 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 disability lawsuit Affairs discriminated for decades against Black veterans disability law firm, disproportionately refusing their disability claims.

What is an VA disability?

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

VA provides additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization, automobile allowances, as well as hospitalization allowances. These are in addition to the standard disability compensation.

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

Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, certain conditions require an expert’s opinion. An experienced veteran lawyer can assist a client to obtain this opinion and provide the proof needed to support the claim for disability benefits.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to assisting our clients obtain the disability benefits they are entitled to. We have handled thousands disability cases and we are well-versed with the complexities of VA rules and regulations. Our firm was started by a disabled vet who made fighting for veterans disability law firms‘ rights a key part of his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first find the medical evidence of their impairment. This includes any X-rays, doctor’s reports or any other documentation that relate to their health. The submission of these records to the VA is crucial. If a veteran doesn’t have these documents and the VA must be informed by the claimant (or their VSO).

The next step is to fill out an intent to file. This form lets the VA to review your claim before you have the proper information and medical records. It also protects your date of effective for benefits in the event that you win your case.

Once all the information is submitted When all the information is submitted, the VA will schedule an appointment for you. The VA will set the date for the examination according to the number of disabilities as well as the type you claim. Be sure to take this exam, as in the event you fail to take it, it could delay your claim.

Once the examinations are complete after which the VA will examine the evidence and give you a decision package. If the VA refuses to accept the claim you have a year to request a higher-level review.

A lawyer can assist you at this point. VA-accredited lawyers are now involved in appeals from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a difficult experience. The VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. It is not necessary to list all of the reasons but you should list everything that you disagree on.

It is also essential to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. There are usually documents that are not complete or have been deleted. In certain cases this could lead to an error in the rating decision.

When you submit your NOD, you’ll be asked if you want your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. In general you’ll have more of a chance of success when the DRO examines your case rather than when it’s reviewed by BVA.

You can request a personal hearing with an expert in senior ratings through the process of a DRO review. The DRO will conduct an investigation of your claim on an “de de novo” basis, meaning they will not give any deference to 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 can take up to three years before you receive a new decision.

How much does a lawyer charge?

Lawyers may charge a fee to assist you appeal a VA disability decision. The law in place today does not permit lawyers to charge for initial assistance in a claim. This is due to the fact that the fee has to be dependent on the lawyer winning your case or getting your benefits increased by an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

Veterans may be able identify accredited representatives by using the VA’s searchable database that lists licensed attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors on a range of issues such as disability compensation and pension claims.

The majority of veterans’ disability advocates are paid on an hourly basis. They only get paid when they succeed in winning their client’s appeal and they are also paid back from VA. The amount of backpay that is given can be different however it could be as high as 20 percent of a claimant’s past-due benefits.

In rare cases, an agent or lawyer might decide to charge an hourly rate. This isn’t often the case due to two reasons. First, these situations can be time-consuming and can drag on for months or even years. The second reason is that many veterans and their families are unable to afford an hourly fee.