Veterans Disability Litigation

Ken helps veterans obtain the disability benefits they deserve. Ken assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by rejecting their disability claims in adisproportionate way according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

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

VA offers additional compensation through other programs, such as individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans disability lawsuits a special credit they can use to increase their lifetime earnings and qualify for retirement or disability benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. Some of these conditions, however, require an expert's opinion. An experienced lawyer can assist a client obtain this opinion, and supply the evidence required to prove a claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled thousands disability cases and are conversant with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself in a Board of Veterans Appeals Hearing, made veterans' rights a priority for his practice.

How do I claim a benefit?

First, veterans must look up the medical evidence supporting their impairment. This includes Xrays or doctor's reports, as with any other documentation that is related to the condition of the veteran. The submission of these records to the VA is essential. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to file an intent to file. This form allows the VA to review your claim before you have all the medical records required. This form also protects the effective date of your compensation benefits if you win your case.

When all the data is submitted when all the information is in, the VA will arrange an examination for you. The VA will schedule an exam in accordance with the amount of disabilities you have and the type of disability you're claiming. Attend this exam as missing it could delay the processing of your claim.

The VA will send you a decision document after the examinations are completed. If the VA refuses to accept the claim you have a year to request a more extensive review.

A lawyer can help at this point. VA-accredited attorneys can now get involved in the appeals process from the beginning, attorneys which is a an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

The denial of veterans disability attorney' disability benefits is a frustrating experience. Thankfully that the VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA why you are not happy with their decision. It is not necessary to list all of the reasons but you should list everything you disagree with.

It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. There are often incomplete or missing data. This can result in a mistake in the rating.

When you file your NOD, it is up to you to decide if would like your case considered 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 examines your case than if it's viewed by the BVA.

If you are subject to an DRO review you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on a "de de novo" basis, which means that they do not give deference to the previous decision. This usually results in a totally new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the most lengthy appeals process and it can take up to three years to reach a new decision.

How much can an attorney charge?

A lawyer can charge a fee for assisting you appeal a VA disability decision. The law in place today does not allow lawyers to charge fees for initial assistance in a claim. The fee is only due if the lawyer is successful in your case or increases your benefits by filing an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans may locate accredited representatives using the VA's searchable database for accredited attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast range of matters including disability compensation claims and pension claims.

The majority of veterans' disability advocates are paid on a contingent basis. They only receive compensation when they win their client's appeal, and they also receive back pay from VA. The amount of backpay paid can vary however it could be as high as 20 percent of a claimant's past due benefits.

In rare instances attorneys or agents may decide to charge on an the hourly basis. This is uncommon due to two reasons. First, these matters can be time-consuming and can take months or even years. The second reason is that most veterans and their families cannot afford to pay on an hourly basis.