Veterans Disability Litigation
Ken assists veterans in obtaining the disability benefits 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 decades, generally denying their disability claims as per 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 compensation per month paid to veterans who have service-connected disabilities. This rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.
The VA also has other programs that provide additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the standard disability compensation.
The Social Security Administration also gives veterans a special credit they can utilize to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These extra credits are known as “credit for service.”
Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. However, some of these conditions require an expert opinion. An experienced veteran attorney can help a customer obtain this opinion, and provide the necessary evidence to support an claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to helping our clients receive the disability benefits that 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 by a disabled veteran who made fighting for veterans’ rights a priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.
How do I file a claim?
First, veterans must find the medical evidence to prove their condition. This includes Xrays or doctor’s reports, as with any other documentation that is related to the condition of the veteran. Giving these records to VA is crucial. If a veteran doesn’t have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is to submit an intent to file. This form lets the VA examine your claim even before you have the necessary information and medical records. This form also ensures the effective date of your compensation benefits in the event that you win your case.
Once all the information is provided when all the information is in, the VA will schedule an exam for you. This will be dependent on the type and number of disabilities you are claiming. If you fail to attend this test, it could delay the process of your claim.
The VA will send you a decision-making package after the tests have been completed. If the VA rejects the claim, you’ll have one year to request a higher-level review.
A lawyer can help you in this situation. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits for veterans can be extremely frustrating. Thankfully, the VA has an appeals process for these decisions. The first step is to send the Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disparage, you should tell the VA the reasons you don’t agree with their decision. You don’t have to include every reason but you should list all the points you disagree with.
It’s also important to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. There are usually documents that are not complete or have been deleted. In certain cases this could result in an error in the rating decision.
If you file your NOD, you will be asked to select whether you want your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. Generally speaking, you’ll have a better chance of success when you opt for a DRO review than with the BVA.
You can request a personal hearing with a senior rating expert via an DRO review. The DRO will conduct a review of your claim on an “de de novo” basis, which means that they do not give deference to the previous decision. This usually will result in a brand new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest consuming appeals path and typically can take between one and three years for an updated decision.
How much can an attorney charge?
A lawyer may charge a fee for helping you appeal an VA disability decision. The law currently does not permit lawyers to charge for initial assistance in a claim. This is because the fee is contingent upon the lawyer winning your case or getting your benefits increased by an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.
veterans disability law firms can find accredited representatives through 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, dependents, or survivors on a range of issues including disability compensation and pension claims.
The majority of veterans’ disability advocates operate on a contingent basis. This means that they are only paid if they prevail in the client’s appeal and receive back payments from the VA. The amount of backpay granted can differ however it could be as high as 20 percent of a claimant’s past-due benefits.
In rare cases, an agent or attorney might decide to charge on an an hourly basis. However, this is uncommon for two reasons. First, these situations are usually time-consuming and can go on for months or even years. Additionally, many veterans and their families are unable to afford to pay for these services on an hourly basis.