Veterans Disability Litigation
Ken counsels military veterans to help them get the disability compensation they deserve. 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 a long time by generally denying their disability claims in an action 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 compensation that is paid to
veterans disability law firms who have service-connected disabilities. This rating is based upon the severity of the illness or injury and can range from 0% up to 100% in 10% increments (e.g., 20%, 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, as well as hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their lifetime earnings for retirement or disability benefits. These credits are also referred to as "credit for service."
A majority of the conditions that can qualify an individual for disability compensation are mentioned in the Code of Federal Regulations. However, certain conditions require an expert's opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and present the evidence required to support the claim for disability benefits.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients receive the disability benefits they are entitled to. We have handled a variety of disability cases and are familiar with the complexities of VA rules and regulations. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself at an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.
How do I make a claim?
The first step is to look up the medical evidence for their disability. This includes X-rays and doctor's reports or other documentation regarding their health. It is essential to submit these documents to the VA. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is the filing of an intention 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 you can start receiving your compensation benefits in the event you have a successful case.
When all the information is in When all the information is submitted, the VA will schedule an exam for you. The VA will schedule an examination based on the amount of disabilities you have and the type you claim. Don't miss this exam because it could delay the processing of your claim.
The VA will send you a decision package when the examinations have been completed. If the VA rejects the claim, you'll have one year to request a higher-level review.
At this moment, a lawyer will assist you. VA-accredited lawyers can now be involved in appeals from the beginning, which is a huge advantage for those who are seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a gruelling experience. Fortunately the VA has an appeals process for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement you must tell the VA why you are not happy with their decision. You don't have to list all the reasons, but you should mention everything that you disagree on.
You must also request a C-file or claims file to determine what evidence the VA used to make their decision. Often times there are missing or insufficient records. In certain cases, this can lead to an error in the rating decision.
When you submit your NOD you must decide whether you would like your case considered by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a higher chance of success with a DRO review than with the BVA.
You can request a private hearing with a senior rating expert through an DRO review. The DRO will conduct an investigation of your claim on an "de novo" basis, which means they don't give deference the previous decision. This typically will result in a brand new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the longest taking appeals route and typically takes one to three years to receive a new decision.
How much can an attorney charge?
A lawyer can charge a fee to help you appeal an VA decision regarding the basis of disability. However, the law currently prohibits lawyers from charging for assistance in the case. The fee is only due when the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be paid directly out of the lump-sum payments that you receive from the VA.
Veterans may be able identify accredited representatives by using the VA's searchable database of accredited attorneys or claims representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad range of issues, including pension and disability compensation claims.
Most veterans' disability advocates are paid on an hourly basis. This means that they only get paid if they are successful in winning the appeal of the client and get back pay from the 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 lawyers or agents might choose to charge an hourly fee. This is not common due to two reasons. First, these issues can be time-consuming and can go on for months or even years. The second reason is that many veterans and their families cannot afford an hourly fee.