Veterans Disability Litigation

Ken counsels military veterans to assist them in obtaining the disability benefits they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by generally denying their disability claims in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with disabilities that are related to service. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in 10% increments (e.g., 20%, 30% etc). The amount is devoid 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 basic disability compensation.

In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their lifetime earnings for retirement or disability benefits. These extra credits are referred to as "credit for service."

A majority of the conditions that qualify an individual for disability compensation are mentioned in the Code of Federal Regulations. However, some of these conditions require an expert's advice. A seasoned lawyer with experience can help a client obtain this opinion and present the evidence required to support an application for disability compensation.

Sullivan & Kehoe is experienced in representing disabled avon veterans disability lawyer claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who after having successfully represented himself at an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.

How do I claim a benefit?

Veterans must first find the medical evidence to prove their disability. This includes any X-rays, doctor's reports or any other documentation regarding their health. The submission of these records to the VA is crucial. If a veteran doesn't have these documents then the VA should be notified by the applicant (or their VSO).

The next step is a 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. It also ensures that you have an effective date for receiving compensation should you prevail in your case.

The VA will schedule your medical exam after all the details have been received. The VA will schedule an examination based on the severity of your disability and the type you are claiming. Attend this exam as missing it could delay the process of submitting your claim.

The VA will send you a decision package after the examinations are completed. If the VA decides to deny the claim, you'll have one year to request a higher level review.

At this stage, a lawyer is able to help you. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a an enormous benefit to those who seek disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a frustrating experience. Fortunately, the VA has an appeals procedure for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice Of Disagreement, you have to explain to the VA why you disagreed with their decision. You don't have to list all of the reasons however, you must mention all the points you disagree with.

It's also crucial to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. There are usually insufficient or missing records. In some cases it could lead to an error in the rating decision.

After you have submitted your NOD, you will be asked to choose whether 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 better chance of success when the DRO reviews your case, compared to when it's reviewed by BVA.

If you are subject to the DRO review you have the option of requesting an individual hearing with a senior rating specialist. The DRO will examine your claim "de de novo", meaning that they will not accept the previous decision. This typically results in a new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the longest appeals procedure and can take up to three years before you receive a new decision.

What is the average amount an attorney can charge?

A lawyer can charge a fee to assist you appeal a VA decision regarding the basis of disability. However, current law prohibits lawyers from charging fees for assistance when submitting a claim. This is because the fee is contingent upon the lawyer winning your case or having your benefits increased through an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans may be able find accredited representatives via the VA's searchable database for licensed attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors on a range of issues including pension and disability compensation claims.

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

In rare instances lawyers or agents could decide to charge an hourly rate. However, this is uncommon due to two reasons. First, these matters are usually time-consuming and Vimeo can drag on for months or even years. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.