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 denial of their disability claims.

What is a VA disability?

The amount of monthly monetary compensation that veterans receive for disabilities resulting from service is based on their disability rating. This rating is based upon the severity of an illness or injury and may range between 0% and 100% in increments of 10 percent (e.g. 20 percent 30%, 20 percent, etc.). The compensation is free of tax and provides a minimum income to the disabled veteran and his family.

VA provides additional compensation through other programs, like individual unemployment, clothing allowances as well as prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credits that they can use to increase their lifetime earnings to qualify for retirement or disability benefits. These extra credits are referred to as "credit for service."

A majority of the conditions that can qualify disabled veterans for attorneys disability benefits are listed in the Code of Federal Regulations. Some of these conditions, however require an expert's opinion. An experienced lawyer can assist a client in obtaining this opinion and provide the proof needed to prove an application for 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 a variety of disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself in a Board of Veterans Appeals Hearing, made veterans' rights a priority for attorneys his practice.

How do I submit a claim?

The first step is to locate the medical evidence for their condition. This could include X-rays, doctor's reports as well with any other documentation that is related to the condition of the veteran. Providing these records to the VA is very important. If a veteran does not have these documents then the VA should be notified by the claimant (or their VSO).

The next step is the filing of an intention to file. This form allows the VA examine your claim even before you have all the required information and medical records. It also preserves your effective date for receiving compensation when you win your case.

The VA will schedule your exam after all the details have been received. This will be dependent on the number and type of disabilities you are claiming. Don't miss this exam because it could delay the processing of your claim.

The VA will send you a decision-making package after the tests have been completed. If the VA refuses to accept the claim you'll have a year to request a more extensive review.

A lawyer can help you at this point. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is an enormous benefit to those who are seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits to veterans can be a source of frustration. Thankfully the VA has an appeals process for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement you have to tell the VA why you disagree with their decision. You don't have to list every reason, but you must state all the issues that you disagree with.

You must also request your C-file, or claims file, to determine the evidence that the VA used to arrive at their decision. There are often documents that are not complete or have been deleted. In some cases this could result in an error in the rating decision.

When you file your NOD you must choose whether you prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a greater chance of success with a DRO review than with the BVA.

In the event of the DRO review, you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will conduct the review of your claim on an "de de novo" basis, which means they will not give deference to the previous decision. This typically results in a completely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the time demanding appeals process and usually takes anywhere from one to three years to receive an updated decision.

How much can an attorney charge?

A lawyer could charge a fee to help you appeal an VA disability decision. However, current law prohibits lawyers from charging fees for assistance with a claim. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.

Veterans can find accredited representatives via the VA's searchable database for accredited attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors in a variety of issues including pension and disability compensation claims.

Most veterans' disability advocates are paid on the basis of a contingent. This means that they will only be paid if they prevail in the appeal of the client and get back payment from the VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's past-due benefit award.

In rare cases attorneys or agents may choose to charge on per hour basis. This is uncommon due to two reasons. First, these issues are usually time-consuming and can drag on for months or even years. The second reason is that many veterans and their families cannot afford to pay an hourly fee.