Veterans Disability Litigation

Ken advises veterans disability lawyers of the military to help them get the disability benefits they deserve. Ken assists 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 disability case by denial of their disability claims.

What is what is VA disability?

The disability rating determines the amount of monthly compensation paid to veterans disability case with service-connected disabilities. 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 to the disabled veteran and their families.

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

The Social Security Administration also gives veterans special credit that they can use to increase their earnings over time to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. However, a few of these conditions require an expert opinion. A seasoned lawyer with experience can assist clients in obtaining this opinion and provide the proof needed to prove a claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are well-versed with the complexities of VA laws and Veterans Disability Litigation procedures. Our firm was founded by a disabled veteran who made fighting for veterans' rights a priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans need to look up the medical evidence for their impairment. This could include X-rays, doctor's reports, as in any other documentation related to the condition of the veteran. Providing these records to the VA is very important. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This form allows the VA to review your claim before you have the proper information and medical records. It also keeps your effective date for receiving compensation in the event that you win your case.

The VA will schedule your examination when all details have been received. The VA will set the date for the examination in accordance with the severity of your disability and the type you are claiming. Make sure you take the exam, since if you miss it the exam could delay your claim.

The VA will send you a decision package after the tests have been completed. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can assist you in this situation. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a hugely beneficial to those who are seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a difficult experience. Fortunately, the VA has an appeals process for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you should explain to the VA why you disagreed with their decision. You don't need 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 you can see the evidence the VA used in making their decision. Often times there are gaps or insufficient records. In some instances this could result in an error in the rating decision.

When you file your NOD you must choose whether you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success if the DRO examines your case than when it's reviewed by BVA.

You can request a private hearing with an expert in senior ratings through an DRO review. The DRO will review your claim "de novo" which means that they will not defer to the previous decision. This typically results in the issue of a new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the time consuming appeals path and typically takes one to three years to obtain a new decision.

How much does a lawyer charge?

A lawyer could charge a fee to assist you appeal an VA disability decision. However, current law prevents lawyers from charging fees to assist with a claim. The fee is only due if the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

Veterans may locate accredited representatives using the VA's searchable database that lists licensed attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a variety of matters such as disability compensation and pension claims.

Most disability advocates for veterans are paid on an hourly basis. This means that they will only be paid if they are successful in winning the client's appeal and are awarded back payment from the VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total past-due benefit award.

In rare instances an attorney or agent might decide to charge on an per hour basis. This is not common due to two reasons. First, these situations are usually time-consuming and can take months or even years. Second, most veterans and their families cannot afford to pay for Veterans Disability Litigation these services on an hourly basis.