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Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in getting the disability compensation they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans with disabilities that are related to service. This rating is based upon the severity of an injury or illness, and can range between zero and 100% in increments of 10% (e.g. 20% 30, 30%, etc.). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation like individual unemployment, car allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their disability or retirement benefits. These credits are referred to as "credit for service."

A majority of the conditions that allow a veteran for disability compensation are included in the Code of Federal Regulations. Some of these conditions, however, require an expert's opinion. An experienced lawyer can assist clients in obtaining this opinion and provide the evidence needed to prove the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans disability lawsuits with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.

How do I submit a claim?

Veterans must first locate the medical evidence supporting their impairment. This includes X-rays, doctor's reports or any other documentation related to their condition. Providing these records to the VA is very important. 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 fill out an intent to file. This form allows the VA examine your claim even before you have the necessary information and medical records. It also ensures that you have an date of eligibility for compensation benefits should you prevail in your case.

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

The VA will send you a decision document after the examinations are completed. If the VA denies your claim you have one year from the date of the letter to request a more thorough review.

At this stage, a lawyer is able to help you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is an enormous benefit to those who seek disability benefits.

How do I appeal a denial?

Denial of veterans disability attorneys' disability benefits is a frustrating experience. The VA has an appeals process for these decisions. The first step is to make 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 state all the issues that you don't agree with.

You must also request a C-file, or claims file, so that you can see the evidence that the VA used to arrive at their decision. There are usually documents that are not complete or have been deleted. This could lead to an error in the rating.

If you file your NOD, the applicant will be asked to select whether you would like your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a greater chance of success when you opt for a DRO review than with the BVA.

If you are subject to a DRO review, you have the option of requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct the review of your claim on the basis of a "de de novo" basis, meaning they will not give any deference to the previous decision. This typically results in a totally new Rating Decision. You can also request that the BVA in Washington review your claim. This is the time consuming appeals path and typically can take between one and three years to get an updated decision.

How much can an attorney charge?

Lawyers can charge a fee to help you appeal the VA decision on the basis of disability. The current law does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only payable if the lawyer wins your case or increases your benefits via an appeal. Typically, these fees will be paid directly from any lump-sum payment you receive from the VA.

Veterans may find accredited representatives via the VA's searchable database of accredited attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of matters such as disability compensation and pension claims.

Most veterans' disability advocates are paid on an ad-hoc basis. This means that they only get paid if they are successful in winning the appeal of the client and get back payments from the VA. The amount of backpay awarded can vary however it could be as high as 20 percent of a claimant's past due benefits.

In rare instances attorneys or agents may decide to charge an per hour basis. But, this isn't common for two reasons. First, these cases tend to be time-consuming and can take months or even years. In addition, the majority of veterans and their families are unable to afford to pay for these services on an hourly basis.