Veterans Disability Litigation
Ken assists veterans in navigating the system to assist them in getting the disability compensation they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims as per a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA Disability?
The amount of monetary compensation per month paid to veterans with service-related disabilities is determined on their disability rating. The rating is based on the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their family.
The VA also offers other programs that offer additional compensation such as individual unemployability, automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their lifetime earnings for retirement or disability benefits. These additional credits are referred to as "credit for service."
A majority of the conditions that allow a veteran for disability compensation are mentioned in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. An experienced veteran
attorney can assist a customer in obtaining this opinion, and provide the evidence needed to support a claim of disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled hundreds of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled vet who after having successfully represented himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.
How do I make a claim?
First, veterans must track down the medical evidence for their condition. This includes X-rays, doctor's notes or other evidence related to their condition. It is crucial to provide these documents to the VA. 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 examine your claim even before you have the needed information and medical records. This form also ensures the date of effective compensation benefits if you are successful in your case.
The VA will schedule your appointment when all information is received. The VA will set the date for the examination in accordance with the amount of disabilities you have and the type of disability you claim. In the event that you do not attend this exam, it could delay the process of submitting your claim.
After the examinations have been completed after which after the examinations are completed, VA will examine the evidence and then send you a decision package. If the VA denies your claim you have a year from the date of the letter to request a more thorough review.
A lawyer can help in this situation. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit to those who are seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a difficult experience. The VA has an appeals process for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement you must inform the VA why you are not happy with their decision. You don't need to list all of the reasons however, you must mention everything that you disagree on.
It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. Most of the time there are no or insufficient records. In some 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 to be reviewed by a Board of
veterans disability attorneys Appeals or a Decision Review officer. In general you'll have a higher chance of success when the DRO examines your case than when it's reviewed by the BVA.
You can request a private hearing with a senior rating expert through the process of a DRO review. The DRO will conduct an examination of your claim on a "de de novo" basis, meaning they will not give deference to the previous decision. This typically results in an entirely new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the most time lengthy appeals procedure and typically takes anywhere from one to three years to obtain an updated decision.
How much can an attorney charge?
Lawyers can charge a fee to assist you appeal an VA decision regarding an appeal for disability. The current law does not allow lawyers to charge for initial assistance in a claim. This is due to the fact that the fee is contingent on the lawyer winning your case, or having your benefits increased through an appeal. Typically these fees are paid out of any lump-sum payments you receive from the VA.
Veterans may be able find accredited representatives via 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 or survivors in a variety of matters such as disability compensation and pension claims.
The majority of veterans' disability advocates work on a contingency. They only get paid when they are successful in defending their client's case, and they 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 instances, an agent or attorney may choose to charge on per hour basis. This is rare for two reasons. These matters can take months or even years to resolve. The second reason is that many veterans and their families are unable to afford to pay an hourly fee.