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Veterans Disability Litigation

Ken counsels military veterans to assist them in getting the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims as per an action filed this week by Yale Law School’s Veterans Legal Services Clinic.

What is an VA disability?

The amount of monthly monetary compensation that veterans receive for service-related disabilities is determined on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is free of tax and provides a minimum 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 are in addition to the basic disability compensation.

In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credits to increase their retirement or disability benefits. These additional credits are referred to as “credit for service.”

Many of the conditions that qualify a veteran for disability compensation are described in the Code of Federal Regulations. Some of these conditions, however, require an expert’s opinion. An experienced veteran lawyer can assist clients in obtaining 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 dedicated to assisting our clients to receive the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after securing his own representation in an appeals hearing before the Board of Veterans Appeals Hearing and making newburgh veterans disability attorney‘ rights the top priority in his practice.

How do I make a claim?

First, veterans need to locate the medical evidence that supports their disability. This includes X-rays and doctor’s notes or other evidence regarding their condition. It is important to provide these records to VA. If a veteran doesn’t have these documents, the VA must be informed by the claimant (or their VSO).

The next step is the filing of an intention to file. This form lets the VA review your claim even before you have all the required information and medical records. This form also preserves the date on which you will receive your compensation benefits in the event you succeed in your claim.

Once all the information is received when all the information is in, the VA will schedule an exam for you. This will depend on the quantity and type of disability you claim. Make sure you take the exam, since If you don’t, it could delay your claim.

After the examinations are completed after which after the examinations are completed, VA will examine the evidence and send you a confirmation packet. If the VA decides to deny the claim, you will have one year to request a higher level review.

A lawyer can assist you at this point. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a huge benefit to those who seek disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a difficult experience. Thankfully, the VA has an appeals process for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. You don’t need to list every reason, but you must mention all the aspects you don’t agree with.

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

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

You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will conduct an investigation of your claim on a “de novo” basis, meaning they do not give deference to the previous decision. This usually results in an entirely new Rating Decision. You may also opt to have the BVA in Washington review your claim. This is the longest consuming appeals path and typically takes between one and three years for a new decision.

What is the average cost a lawyer can charge?

A lawyer can charge a fee to help you appeal a VA decision on a disability claim. The law as it stands today does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only payable if the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans can identify accredited representatives by using the VA’s searchable database for accredited attorneys or claims representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans or their dependents in a variety of issues including disability compensation and pension claims.

Most veterans’ disability advocates work on a contingency. They only receive compensation when they succeed in winning their client’s appeal and they also receive back pay from VA. The amount of back pay that is granted varies, but could be as high as 20 percent of the claimant’s past-due benefits.

In rare instances an attorney or agent may choose to charge on an hourly basis. This is uncommon due to two reasons. These matters can take months or even years to be resolved. Second, most veterans and their families are unable to afford to pay for these services on an hourly basis.