Veterans Disability Litigation

Ken counsels veterans of the military to assist them in getting the disability compensation they are entitled to. He also represents 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 amount of monetary compensation per month given to veterans with service connected disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The compensation is free of tax and provides a basic source of income to the disabled veteran and his family.

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

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

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. However, a few of these conditions require an expert's opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the evidence needed to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients to receive the disability benefits they deserve. We have handled thousands of disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was started by a disabled vet who made fighting for wildwood veterans disability lawyer' rights a priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans must look up the medical evidence supporting their condition. This includes Xrays or doctor's reports as well in any other documentation related to the condition of the veteran. Giving these records to VA is essential. If a veteran doesn't have these documents and the VA must be informed by the applicant (or veterans disability law firm their VSO).

The next step is to file an intent to file. This form allows the VA examine your claim even before you have the needed information and medical records. This form also preserves the date on which you will receive your compensation benefits in case you are successful in your case.

If all the required information is in, the VA will arrange an examination for you. The VA will schedule an examination according to the number of disabilities as well as the type you are claiming. Make sure that you take this exam, as should you miss it and fail to take it, it could hinder your claim.

The VA will send you a decision-making package after the tests have been completed. If the VA refuses to accept the claim you have a year to request a higher level review.

A lawyer can assist you at this point. Accredited lawyers from VA can be involved in the appeals from the start, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans can be extremely frustrating. Fortunately, the VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you should tell the VA why you disagree with their decision. You don't have to list all of the reasons, but you should mention everything that you disagree on.

It's also crucial to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. There are usually insufficient or missing records. This can result in an error in the rating.

When you submit your NOD you must choose whether you want to have your case reviewed 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 reviews your case, compared to if it's reviewed by the BVA.

With an DRO review you have the option of requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct the review of your claim on an "de novo" basis, which means that they will not give any deference to the previous decision. This usually will result in a brand new Rating Decision. Alternatively, you can 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 to reach a new decision.

What is the cost an attorney could charge?

Lawyers can charge a fee to help appeal an VA decision regarding an appeal for disability. The law in place today does not permit lawyers to charge for initial assistance in a claim. This is because the fee is dependent on the lawyer winning your case, or having your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

Veterans can find accredited representatives through the VA's searchable database of licensed attorneys or claims agents. These people are accredited by the Department of Nebraska Veterans Disability Law Firm Affairs and are able to represent veterans, service members or dependents in a wide variety of cases, including disability compensation claims and pension claims.

The majority of veterans' disability advocates are paid on an ad-hoc basis. This means that they only get paid if they are successful in winning the appeal of the client and get back payments from the VA. The amount of backpay that is given can be different, but it can be as high as 20 percent of the claimant's past due benefits.

In rare cases, an agent or attorney may decide to charge an the hourly basis. This is uncommon due to two reasons. First, these cases tend to be time-consuming and can go on for months or even years. Additionally, many veterans and their families can't afford to pay an hourly rate.