Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they are entitled to. He also represents his clients in VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims as per 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 that is paid to veterans with disabilities that are related to service. This rating is based on the severity of the injury or illness and can range from 0% up to 100% in 10% increments (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their family.
The VA also has other programs that provide additional compensation like individual unemployment, auto allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits that they can utilize to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These additional credits are known as “credit for service.”
Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. However, some of these conditions require an expert opinion. An experienced lawyer can help a client obtain this opinion and provide the proof needed to support the claim for disability benefits.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients to receive the benefits they’re entitled to. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans’ rights a major part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.
How do I make a claim?
First, veterans must locate the medical evidence that supports their impairment. This includes Xrays, doctor’s reports or any other documentation relevant to their health. It is important to provide these records to VA. If a veteran does not have these documents then the VA should be notified by the applicant (or their VSO).
The next step is to submit an intent to file. This form allows the VA to review your claim before you have the needed information and medical records. The form also keeps the date on which you will receive your compensation benefits in the event you win your case.
When all the information is received When all the information is submitted, the VA will schedule an examination for you. This will be dependent on the quantity and type of disabilities you are claiming. Be sure to take this test, because in the event you fail to take it and fail to take it, it could hinder your claim.
The VA will send you a decision package after the tests have been completed. If the VA decides to deny the claim, you’ll have one year to request a higher-level review.
A lawyer can assist you in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a hugely beneficial to those who are seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability (link webpage) benefits can be a difficult experience. The VA offers an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement you should tell the VA the reason you don’t like their decision. You don’t need to list all of the reasons, but you should mention all the points you disagree with.
It’s also important to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. Often times there are no or insufficient records. This can result in an error in the rating.
When you file your NOD, you must decide whether you want to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you’ll have a greater chance of success when you opt for a DRO review than with the BVA.
If you are subject to the DRO review, you can request an individual hearing with a senior rating specialist. The DRO will conduct a review of your claim on a “de de novo” basis, which means they will not give deference to the previous decision. This usually will result in a brand new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the longest appeals process and it can take up to three years before you receive an appeal to be heard.
How much does an attorney charge?
Lawyers can charge a fee for helping appeal a VA decision regarding the basis of disability. The law in place today does not allow lawyers to charge for initial assistance in a claim. The fee is only due if the lawyer is successful in your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.
veterans disability attorneys can locate accredited representatives using the VA’s searchable database of accredited attorneys or claims representatives. These individuals are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a wide spectrum of cases that include disability compensation claims and pension claims.
Most disability advocates for veterans disability law firms are paid on an hourly basis. They only get paid when they succeed in winning their client’s appeal and they are also paid back from VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant’s total past-due benefits.
In rare cases lawyers or agents could decide to charge an hourly fee. This is rare for two reasons. These issues can take a long time to resolve. The second reason is that many veterans and their families don’t afford an hourly fee.