veterans Disability law firms Disability Litigation
Ken assists veterans to get the disability benefits they are entitled to. 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 an VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans disability attorneys who have service-connected disabilities. This rating is determined by the severity of the injury or illness, and can range between zero and 100% in increments of 10% (e.g. 20 percent 30 percent, 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, such as individual unemployment, auto allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the basic disability compensation.
The Social Security Administration also gives veterans disability attorneys a special credit they can use to boost their earnings over time to be eligible for disability or retirement benefits. These credits are also referred to as “credit for service.”
Many of the conditions that allow veterans for disability compensation are mentioned in the Code of Federal Regulations. Certain of these conditions, however, require an expert’s opinion. A seasoned veteran attorney can assist a client obtain an opinion, and also provide the evidence required 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 hundreds of disability cases and are well-versed in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who, after successfully representing himself at a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I file a claim?
The first step is to look up the medical evidence that supports their condition. This includes Xrays, doctor’s reports or other documentation related to their medical condition. The submission of these records to the VA is essential. If a veteran doesn’t have these documents then the VA should be notified by the applicant (or their VSO).
The next step is to fill out an intent to file. This form allows the VA review your claim even before you have all the required information and medical records. It also protects your date of effective for benefits if you win your case.
If all the required information is received, the VA will schedule an exam for you. This will be dependent on the number and type of disabilities you are claiming. Attend this exam as missing it could delay the process of your claim.
After the examinations are completed after which the VA will examine the evidence and send you a decision packet. If the VA rejects the claim, you will have one year to request a more thorough review.
A lawyer can be of assistance at this point. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is hugely beneficial to those who seek disability benefits.
How do I appeal a denial?
The denial of disability benefits to veterans can be frustrating. The VA provides an appeals procedure 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 should tell the VA the reasons you don’t agree with their decision. It is not necessary to list all of the reasons but you should list all the points you disagree with.
You must also request a C-file or claims file so that you can determine the evidence that the VA used to arrive at their decision. Most of the time, there are missing or insufficient records. In certain cases it could lead to an error in the rating decision.
After you have submitted your NOD, the applicant will be asked to choose whether you want your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success with a DRO review than with the BVA.
If you are subject to an DRO review you can request an individual hearing with an experienced senior rating specialist. The DRO will conduct the 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. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process, and it could take up to three years to reach an update on the decision.
How much will a lawyer charge?
A lawyer may charge a fee to assist you appeal the VA decision regarding an appeal for disability. However, current law prohibits lawyers from charging for assistance when submitting a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically, these fees will be paid out of any lump-sum payment you receive from the VA.
Veterans may locate accredited representatives using the VA’s searchable database that lists accredited attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans or their dependents on a range of issues including disability compensation and pension claims.
Most veterans’ disability advocates work on a contingency basis. This means that they are only paid if they are successful in winning the client’s appeal and receive back payment from the VA. The amount of backpay awarded can vary but it could be as high as 20 percent of a claimant’s past due benefits.
In rare instances lawyers or agents might decide to charge an hourly fee. But, this isn’t common for two reasons. First, these situations can be time-consuming and can last for months or even years. The second reason is that most veterans and their families can’t afford to pay on an hourly basis.