Veterans Disability Litigation
Ken counsels military veterans to help them get the disability benefits they deserve. Ken also represents clients in VA Board of
Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by discriminating against their disability claims according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA disability?
The amount of monthly monetary compensation paid to veterans with disabilities resulting from service is based on their disability rating. This rating is determined by the severity of an injury or illness and may range between 0% and 100% in increments of 10% (e.g. 20 percent 30 percent, 30 percent, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their families.
The VA also offers other programs that offer additional compensation such as individual unemployability, automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the regular disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credit to boost their lifetime earnings for
Veterans disability or retirement benefits. These extra credits are referred to as "credit for service."
Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. However, some of these conditions require an expert's opinion. A veteran lawyer with experience can assist a client obtain this opinion, and provide the necessary evidence to support a claim of disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability 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 conversant with the complexities of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans rights a major part of his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.
How do I submit a claim?
Veterans need to first collect the medical evidence of their disability. This includes X-rays or doctor's reports, as in any other documentation related to the condition of the veteran. Providing these records to the VA is essential. 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 begin reviewing your claim even before you have all the information and medical records you require. This form also ensures the effective date of your compensation benefits in case you succeed in your claim.
The VA will schedule your medical exam when all details have been received. This will depend on the quantity and type of disabilities you are claiming. Make sure that you take the exam, since If you don't the exam could delay your claim.
Once the tests are complete, after the examinations are completed, VA will examine the evidence and then send you a decision-making packet. If the VA refuses to accept the claim you have a year to request a more thorough review.
At this point, a lawyer can assist you. VA-accredited lawyers can now be involved in the appeals from the beginning, which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
The denial of benefits for disability suffered by veterans is a frustrating experience. The VA provides an appeals procedure for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement you must tell the VA why you disagree with their decision. You don't have to include every reason, but you should mention everything that you disagree on.
It is also essential to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. This can result in an error in the rating.
When you submit 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 a higher chance of success if the DRO examines your case rather than if it's reviewed 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 examine your claim "de de novo" which means they will not rely on the previous decision. This typically results in the issue of a new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the longest consuming appeals path and typically takes one to three years to get an updated decision.
What is the average amount an attorney can charge?
A lawyer may charge a fee to help appeal the VA decision regarding a disability claim. However, the law currently prohibits lawyers from charging for assistance in a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.
Veterans may be able to find accredited representatives via the VA's searchable database that lists accredited attorneys or claims representatives. These individuals have been approved by the Department of Veterans Affairs to represent
veterans disability law firms, service members, dependents, or survivors in a range of issues including pension and disability compensation claims.
Most veterans' disability advocates work on a contingency basis. They only get paid when they succeed in winning their client's appeal and they also receive back pay from VA. The amount of backpay that is paid can vary however it could be as high as 20 percent of a claimant's past-due benefits.
In rare cases, an agent or lawyer may choose to charge an hourly rate. This is rare for two reasons. These matters could take months or even years to be resolved. Second, many veterans and their families can't afford to pay an hourly fee.