Veterans Disability Litigation
Ken counsels veterans of the military to help them get the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by rejecting their disability claims in adisproportionate way, according to the lawsuit filed this week by Yale Law School's
veterans disability attorneys Legal Services Clinic.
What is a VA Disability?
The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. The rating is based on the severity of an illness or injury and can range from 0% and 100% in increments of 10% (e.g. 20% 30, 30 percent, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their family.
VA offers additional compensation through other programs, including individual unemployment, clothing allowances, hospitalization and prestabilization, automobile allowances, and hospitalization allowances. These are in addition to the standard disability compensation.
In addition to these benefit programs, 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."
Many of the conditions that qualify a veteran for disability compensation are described in the Code of Federal Regulations. Certain of these conditions however require an expert's advice. An experienced lawyer can assist a client in obtaining this opinion and provide the evidence required to prove the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are familiar with the complexities of VA regulations and laws. Our firm was started by a disabled vet who made fighting for veterans' rights a key part of his practice after successfully representing himself at a Board of Veterans Appeals hearing.
How do I claim a benefit?
Veterans must first gather the medical evidence of their impairment. This includes X-rays and doctor's reports or other documentation related to their medical condition. The submission of these records to the VA is vital. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).
The next step is to submit an intent to file. This is a form that permits the VA to review your claim even before you have all the information and medical records you need. It also ensures that you have an effective date for compensation benefits if you win your case.
When all the data is received after all the information has been received, the VA will arrange an examination for you. The VA will schedule an examination depending on the number of disabilities and the type you are claiming. Make sure that you take this exam, as if you miss it and fail to take it, it could hinder your claim.
The VA will provide you with a decision package after the tests have been completed. If the VA rejects the claim, you'll have a year to request a more thorough review.
At this moment, a lawyer could assist you. VA-accredited
attorneys can now get involved in the appeals process right from the beginning, which is a hugely beneficial to those seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to
veterans disability attorney can be extremely frustrating. Thankfully the VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA why you were dissatisfied with their decision. It is not necessary to list all of the reasons, but you should mention everything that you disagree on.
You should also request your C-file, or claims file, to see the evidence that the VA used to arrive at their decision. Most of the time, there are missing or incomplete records. This can lead to a mistake in the rating.
When you submit your NOD you must decide whether you would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success when you opt for the DRO review DRO review than with the BVA.
If you are subject to an DRO review, you have the option of requesting an individual hearing with a senior rating specialist. The DRO will examine your claim "de novo" this means they will not defer to the previous decision. This usually results in a new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the most lengthy appeals process and it can take up to three years for an update on the decision.
How much can a lawyer charge?
Lawyers can charge a fee if you appeal an VA decision on a disability claim. The law as it stands today does not allow lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer prevailing in your case or receiving your benefits increased as a result of an appeal. Typically the fees are directly derived from any lump-sum payment you receive from the VA.
Veterans may be able identify accredited representatives by using the VA's searchable database for accredited attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a range of issues such as disability compensation and pension claims.
Most veterans' disability advocates are paid on a contingent 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 back pay that is awarded varies, but can be as much as 20 percent of the claimant's total past-due benefit award.
In rare cases attorneys or agents may decide to charge an the hourly basis. This is rare for two reasons. These matters can take months or years to be resolved. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.