Veterans Disability Litigation
Ken helps
veterans disability attorneys obtain the disability benefits they are entitled to. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, rejecting their disability claims in adisproportionate way, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA Disability?
The disability rating determines the amount of monthly payments to veterans with disabilities that are related to service. This rating is determined by the severity of an injury or illness and may range between zero and 100% in increments of 10 percent (e.g. 20% 30, 30%, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.
VA provides additional compensation through other programs, like individual unemployment allowances for clothing prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits that they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are known as "credit for service."
A majority of the conditions that qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the evidence required to support an application for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients obtain the disability benefits they are entitled to. We have handled hundreds of disability cases and are knowledgeable in the complex nature of VA law and procedure. Our
firm was established 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?
The first step is to find the medical evidence for their disability. This includes X-rays and doctor's notes, as well with any other documentation that is related to the veteran's condition. It is important to provide these records to VA. If a veteran does not have these documents then the VA should be notified by the applicant (or their VSO).
The next step is to make an intent to file. This form allows the VA to review your claim before you have the needed information and medical records. This form also protects the date of effective compensation benefits in the event you have a successful case.
The VA will schedule your examination once all of the details have been received. It will depend on the type and number of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.
Once the tests are complete Once the examinations are complete, the VA will examine the evidence and give you a confirmation packet. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.
A lawyer can assist you at this point. VA-accredited lawyers are now involved in appeals right from the beginning, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of veterans' disability benefits can be a source of frustration. The VA offers an appeals procedure for these decisions. The first step is to send the Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to include all of the reasons, but you should mention everything that you disagree on.
You must also request a C-file, or claims file, so that you can see what evidence the VA used to make their decision. There are usually insufficient or missing records. This can result in an error in the rating.
When you file your NOD, it will be asked to decide if you would like your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success when the DRO reviews your case than if it's viewed by the BVA.
You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will review your claim "de novo", meaning that they will not be influenced by the previous decision. This typically results in a completely new Rating Decision. You may also opt to have the BVA in Washington examine your claim. This is the longest demanding appeals process and usually can take between one and three years to receive a new decision.
How much does an attorney charge?
A lawyer may charge a fee for assisting you appeal a VA disability decision. However, the law currently prohibits lawyers from charging for assistance when submitting a claim. The fee is only due if 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 can look through the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. These people are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast spectrum of cases such as pension claims and disability compensation claims.
The majority of veterans' disability advocates work on a contingency. They only receive compensation when they win their client's appeal, and they 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 attorneys or agents might decide to charge on an the hourly basis. However, this is not the norm due to two reasons. First, these issues can be time-consuming and can drag on for months or even years. The second reason is that many veterans and their families cannot afford an hourly rate.