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Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they are entitled to. Ken also represents 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 discriminating against their disability claims.

What is an VA disability?

The amount of monthly monetary compensation paid to veterans with service-related disabilities is determined on their disability rating. This rating is determined by the severity of an illness or injury, and can range between 0% and 100% in increments of 10% (e.g. 20 percent 30%, 20%, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their families.

VA offers additional compensation through other programs, such as individual unemployment allowances for clothing prestabilization and hospitalization car allowances, and hospitalization allowances. 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 disability or retirement benefits. These extra credits are known as "credit for service."

Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. Certain of these conditions however require the opinion of an expert. An experienced lawyer can assist a customer in obtaining this opinion, and provide the evidence needed to support a claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to ensuring that our clients obtain the disability benefits that they deserve. We have handled hundreds of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was started by a disabled vet 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 file a claim?

Veterans need to first collect the medical evidence supporting their disability. This includes X-rays and doctor's reports, as as any other documentation related to the veteran's condition. Making these records available to the VA is very important. If a veteran does not have these documents, the VA should be notified by the claimant (or their VSO).

The next step is the filing of an intent to file. This form allows the VA review your claim even before you have all the required information and medical records. This form also ensures the date you can start receiving your compensation benefits in the event that you have a successful case.

The VA will schedule your exam when all information has been received. The VA will schedule an examination depending on the severity of your disability and the type of disability you claim. Attend this exam as missing it could delay the process of submitting your claim.

The VA will send you a decision package once the examinations have been completed. If the VA refuses to accept the claim you'll have one year to request a higher level review.

At this moment, a lawyer could help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a a huge benefit to those who seek disability benefits.

How do I appeal a denial?

Denial of veterans disability benefits can be a very frustrating experience. Thankfully that the VA has an appeals process for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office that sent you the Rating decision. In your notice of disagreement, you must inform the VA why you disagree with their decision. You don't have to list all the reasons however, you must mention everything that you disagree on.

You should also request your C-file, or claims file, so that you can see the evidence that the VA used to reach their decision. There are usually insufficient or missing records. In certain cases it could lead to an error in the rating decision.

After you have submitted your NOD, it will be asked to decide if you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO reviews your case than when it's reviewed by the BVA.

With a DRO review, you can request an individual hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on a "de de novo" basis, meaning they will not give any deference to the previous decision. This typically results in the issue of a new Rating Decision. You can also have the BVA in Washington review your claim. This is the time taking appeals route and typically takes anywhere from one to three years to get a new decision.

What is the cost an attorney could charge?

Lawyers can charge a fee to assist you appeal an VA decision regarding the basis of disability. The law as it stands today does not allow lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee has to be contingent on the lawyer winning your case, or having your benefits increased through an appeal. Typically, these fees will be paid directly from the lump-sum payments that you receive from the VA.

Veterans can find accredited representatives via the VA's searchable database for certified attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad spectrum of cases that include disability compensation claims and pension claims.

Most disability advocates for veterans work on a contingency basis. This means that they only get paid if they prevail in the appeal of the client and receive back pay from the VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total past-due benefits.

In rare cases, an agent or attorney may decide to charge an per hour basis. However, this is not the norm for two reasons. First, these issues are often time consuming and can take months or even years. Additionally, many veterans disability attorney and their families are unable to afford an hourly rate.