Veterans Disability Litigation
Ken assists veterans to get the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week, the Department of Veterans Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.
What is a VA Disability?
The disability rating determines the amount of monthly compensation that is paid to veterans who have disabilities that are related to service. This rating is determined by the severity of an illness or injury and can range from zero and 100% in increments of 10% (e.g. 20%, 30%, etc.). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation like individual unemployment, auto allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the regular disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans special credit to boost their lifetime earnings for retirement or disability benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, a few of these conditions require an expert's advice. An experienced veteran attorney can help a customer obtain an opinion, and also provide the evidence needed to support the claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients obtain the benefits they're entitled to. We have handled a variety of disability cases and are familiar with the intricacies of VA rules and regulations. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself at an appeals hearing before the Board of
veterans Disability law firms Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.
How do I make a claim?
Veterans must first gather the medical evidence to prove their impairment. This includes any X-rays, doctor's reports or any other documentation regarding their health. Providing these records to the VA is essential. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is to make an intent to file. This form allows the VA to review your claim before you have all the required information and medical records. It also keeps your date of effective for benefits if you win your case.
The VA will schedule your examination when all information is received. The VA will schedule an examination in accordance with the severity of your disability and the type of disability you claim. Make sure you attend this exam, as in the event you fail to take it, it could delay your claim.
Once the examinations are complete, after the examinations are completed, VA will examine the evidence and give you a decision package. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.
At this moment, a lawyer could assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a hugely beneficial to those who are seeking disability benefits.
How do I appeal a denial?
The denial of benefits for disability suffered by veterans can be extremely frustrating. The VA provides an appeals procedure to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA why you disagree with their decision. It is not necessary to list every reason but you should list everything that you disagree on.
It's also important to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. There are often documents that are not complete or have been deleted. In certain cases it could lead to an error in the rating decision.
When you file your NOD, you'll be asked to decide if you would like your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a better chance of success with the DRO review DRO review than with the BVA.
If you are subject to the DRO review you can request an individual hearing with an experienced senior rating specialist. The DRO will conduct an investigation of your claim on an "de de novo" basis, which means they will not give deference to the previous decision. This usually results in a totally new Rating Decision. You can also have the BVA in Washington review your claim. This is the time consuming appeals path and typically takes anywhere from one to three years to receive a new decision.
What is the cost an attorney could charge?
Lawyers can charge a fee if you appeal an VA decision regarding the basis of disability. The current law does not allow lawyers to charge for assistance with a claim in the beginning. The fee is only due if the lawyer is successful in your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.
Veterans can identify accredited representatives by using the VA's searchable database of accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent service members,
veterans disability lawsuit and their dependents as well as survivors in a range of issues including pension and disability compensation claims.
Most veterans' disability advocates are paid on an ad-hoc basis. They only get paid when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay awarded can vary however it could be as high as 20 percent of the claimant's past-due benefits.
In rare instances an attorney or agent may choose to charge on per hour basis. But, this isn't common for two reasons. First, these situations tend to be time-consuming and can go on for months or even years. Additionally, many veterans and their families don't afford to pay an hourly fee.