Veterans Disability Litigation
Ken counsels military veterans disability attorney to help them obtain the disability compensation 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 discriminating against their disability claims.
What is a VA disability?
The disability rating determines the amount of compensation per month paid to veterans with service-related disabilities. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.
VA offers additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These 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 additional credits are referred to as “credit for service.”
Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, a few of these conditions require an expert’s advice. A seasoned lawyer with experience can assist a client to obtain this opinion and provide the evidence needed to support an application for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients obtain the disability benefits that they deserve. We have handled thousands of disability cases and are familiar with the complexities of VA laws and procedures. Our firm was created by a disabled veteran who made fighting for veterans’ rights a priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first gather the medical evidence to prove their disability. This includes X-rays and doctor’s notes or other evidence regarding their medical condition. The submission of these records to the VA is vital. If a veteran doesn’t have these documents then the VA must be informed by the claimant (or their VSO).
The next step is to fill out an intent to file. This form allows the VA to review your claim even before you have all the information and medical records you need. It also ensures that you have an date of eligibility for compensation benefits in the event that you win your case.
When all the information is in, the VA will schedule an appointment for you. The VA will set the date for the examination depending on the amount of disabilities you have and the type you are claiming. Make sure you take the exam, since in the event you fail to take it this could affect your claim.
Once the examinations are complete After the examinations are completed, after the examinations are completed, VA will review the evidence and send you a confirmation packet. If the VA decides to deny the claim, you have a year to request a more thorough review.
At this moment, a lawyer could assist you. VA-accredited lawyers are now involved in the appeals right from the beginning, which is a huge advantage for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a frustrating experience. Fortunately, the VA has an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your notice of disagreement, you should tell the VA the reasons you don’t agree with their decision. You don’t have to list every reason, but you must list all the points you don’t agree with.
It’s also crucial to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are usually incomplete or missing records. In some cases this could result in an error in the rating decision.
When you submit your NOD, you’ll be asked to decide if you want your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general, you’ll have a better chance of success when the DRO examines your case rather than when it’s reviewed by the BVA.
You can request a private hearing with a senior rating expert via an DRO review. The DRO will conduct the review of your claim on the basis of a “de de novo” basis, which means they do 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 most lengthy appeals process, and it could take up to three years for a new decision.
How much can an attorney charge?
A lawyer may charge a fee for helping appeal an VA decision regarding the basis of disability. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable in the event that the lawyer wins your case or increases your benefits via an appeal. Typically the fees will be directly derived from any lump-sum payments you get from the VA.
Veterans may be able find accredited representatives via the VA’s searchable database for licensed attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad range of issues including pension claims, disability compensation and claims.
The majority of veterans’ disability advocates are paid on a contingency basis. They only get paid when they succeed in winning their client’s appeal and also receive back pay from VA. The amount of back pay that is granted varies, but could be as much as 20 percent of the claimant’s total past-due benefit.
In rare instances lawyers or agents could decide to charge an hourly fee. However, this is not the norm for two reasons. First, these cases are usually time-consuming and can take months or even years. Second, many veterans and their families are unable to afford an hourly rate.