Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

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

What is what is VA Disability?

The disability rating determines the amount of monthly payments to veterans who have disabilities that are related to service. This rating is determined by the severity of the injury or illness and can range from zero and 100% in increments of 10 percent (e.g. 20% 30, 30 percent, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation such as individual unemployment, car allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans special credit that they can utilize to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These extra credits are called "credit for service."

A majority of the conditions that make veterans for disability compensation are described in the Code of Federal Regulations. However, certain circumstances require an expert's opinion. An experienced veteran attorney can help a customer obtain this opinion, and supply the evidence required to support the claim of disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to ensuring that our clients receive the disability benefits that they deserve. We have handled hundreds of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a major part of his practice after successfully representing himself in an appeal to the Board of lufkin veterans disability lawsuit Appeals hearing.

How do I make a claim?

Veterans must first find the medical evidence of their impairment. This includes X-rays and doctor's reports or other documentation relevant to their condition. The submission of these records to the VA is essential. If a veteran does not have these documents, the VA should be notified by the applicant (or their VSO).

The next step is a filing of an intent to file. This form allows the VA to begin reviewing your claim even before you have all the medical records you require. This form also preserves the date of effective compensation benefits if you have a successful case.

If all the required information is in after all the information has been received, the VA will schedule an examination for you. This will be dependent on the amount and type of disability you claim. If you fail to attend this test, it could delay the process of submitting your claim.

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

At this point, a lawyer can assist you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a very frustrating experience. 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 has sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA why you are not happy with their decision. It is not necessary to list all the reasons but you should include everything you disagree with.

It's also important to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. There are often documents that are not complete or have been deleted. In certain cases this could lead to an error in the rating decision.

When you file your NOD, you will need to decide if you want to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when the DRO examines your case rather than when it's reviewed by BVA.

When you request an DRO review you can request an individual hearing before a senior rating specialist. The DRO will review your claim "de novo" which means that they will not defer to the previous decision. This usually results in a totally new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and can take up to three years for an appeal to be heard.

How much can an attorney charge?

Lawyers can charge a fee to help appeal an VA decision on an appeal for disability. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee has to be dependent on the lawyer winning your case, or getting 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 to locate accredited representatives using the VA's searchable database of accredited attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast range of issues, including pension and disability compensation claims.

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

In rare cases, an agent or attorney might decide to charge on an the hourly basis. This isn't often the case due to two reasons. These issues can take months or even years to resolve. Additionally, many veterans and their families are unable to afford to pay for these services on an hourly basis.