Veterans Disability Litigation
Ken helps veterans obtain the disability benefits 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, disproportionately refusing their disability claims.
What is a VA disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with service-connected disabilities. This rating is determined by the severity of the injury or illness and can range from 0% and 100% in increments of 10% (e.g. 20%, 30 percent, etc.). The compensation is free of tax and provides a basic income to the disabled veteran and his family.
VA provides additional compensation through other programs, for example individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credits to boost their disability or retirement benefits. These additional credits are referred to as “credit for service.”
Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. Certain of these conditions however require the opinion of an expert. An experienced veteran attorney can assist a customer in obtaining an opinion, and also provide the evidence needed to support a claim of disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients to receive the benefits they’re entitled to. We have handled a variety of disability cases and are well-versed with the complexities of VA regulations and laws. Our firm was established in 1996 by a disabled veteran who after securing his own representation in 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 submit a claim?
The first step is to track down the medical evidence to prove their disability. This includes X-rays and doctor’s reports, or other documents related to their medical condition. It is important to provide these documents to the VA. 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 is a form that permits the VA to begin reviewing your claim before you have all the information and medical records that you require. It also keeps your date of eligibility for compensation benefits should you prevail in your case.
The VA will schedule your examination after all the required information is received. The VA will schedule the exam depending on the number of disabilities and the type of disability you’re claiming. Be sure to take this exam, as in the event you fail to take it and fail to take it, it could hinder your claim.
The VA will provide you with a decision package after the examinations are completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.
A lawyer can assist you in this situation. VA-accredited lawyers can now be involved in the appeals right from the beginning, which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a difficult experience. The VA has an appeals process to appeal 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 have to tell the VA the reasons you don’t agree with their decision. You don’t need to list all the reasons, but you should mention all the points you disagree with.
It’s also crucial to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. Most of the time, there are missing or insufficient records. This can result in a mistake in the rating.
If you submit your NOD you must decide whether you want to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you’ll have a higher chance of success if the DRO examines your case than when it’s reviewed by BVA.
You can request a personal hearing with an expert in senior ratings through an DRO review. The DRO will conduct the review of your claim on a “de de novo” basis, which means that they will not give any deference to the previous decision. This typically results in a totally new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the longest taking appeals route and typically takes anywhere from one to three years to obtain an updated decision.
How much will a lawyer charge?
Lawyers may charge a fee to assist you appeal an VA disability decision. The law currently does not allow lawyers to charge fees for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.
Veterans are able to search the database of accredited attorneys or claim agents to find accredited representatives. These people have been accredited by the Department of veterans disability law firm Affairs to represent veterans, service members and their dependents as well as survivors on a range of issues such as disability compensation and pension claims.
Most veterans’ disability advocates are paid on a contingent basis. This means that they only get paid if they prevail in the appeal of the client and receive back payment from the VA. The amount of backpay given can be different however it could be as high as 20 percent of the claimant’s past-due benefits.
In rare cases lawyers or agents might decide to charge an hourly fee. But, this isn’t common due to two reasons. These issues can take a long time to resolve. Second, many veterans and their families don’t afford to pay an hourly rate.