Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in getting the disability benefits they deserve. Ken assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims in an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA disability?

The disability rating determines the amount of monthly payments to veterans who have disabilities that are related to service. This rating is determined by the severity of the injury or illness, Vimeo and can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their families.

The VA also offers other programs that offer additional compensation, such as individual unemployability, Vimeo automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to basic disability compensation.

In addition to these benefit programs In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their disability or retirement benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. Certain of these conditions however require an expert's advice. An experienced lawyer can help a customer obtain this opinion, and provide the evidence needed to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients receive the disability benefits that they are entitled to. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself at a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of douglass hills veterans disability law firm an integral part of his practice.

How do I submit a claim?

First, veterans need to track down the medical evidence to prove their condition. This includes X-rays, vimeo doctor's reports or any other documentation regarding their condition. The submission of these records to the VA is vital. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This form allows the VA examine your claim even before you have the necessary information and medical records. The form also keeps the date on which you will receive your compensation benefits in case you have a successful case.

The VA will schedule your exam once all of the information has been received. The VA will set the date for the examination in accordance with the severity of your disability and the type of disability you claim. Make sure you take this exam, as should you miss it and fail to take it, it could hinder your claim.

The VA will provide you with a decision package once the examinations have been completed. If the VA decides to deny the claim, you will have one year to request a higher-level review.

A lawyer can assist you at this point. VA-accredited lawyers can now be involved in the appeals from the beginning which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a frustrating experience. The VA offers an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA why you disagreed with their decision. It is not necessary to list all the reasons, but you should mention everything you disagree with.

You should also request your C-file or claims file so that you can see what evidence the VA used to make their decision. Most of the time there are gaps or insufficient records. In some instances this could result in an error in the rating decision.

After you have submitted your NOD, the applicant will be asked to select whether you want your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success if the DRO examines your case than if it's viewed by the BVA.

You can request a personal hearing with a senior rating expert via a DRO review. The DRO will review your claim "de de novo", meaning that they will not be influenced by the previous decision. This typically results in a totally new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most lengthy appeals process and it can take up to three years before you receive an appeal to be heard.

How much will a lawyer charge?

Lawyers can charge a fee for helping you appeal the VA decision regarding an appeal for disability. However, current law prohibits lawyers from charging for assistance with a claim. The fee is only payable if the lawyer wins your case or increases your benefits via an appeal. Typically the fees are paid directly from the lump-sum payments that you receive from the VA.

Veterans may find accredited representatives through the VA's searchable database of licensed attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad range of matters such as pension claims, disability compensation and claims.

Most veterans' disability advocates operate on a contingent basis. This means that they only get paid if they are successful in winning the appeal of the client and receive back payment from the VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total benefit.

In rare instances attorneys or agents may decide to charge on an the hourly basis. This is uncommon due to two reasons. First, these cases can be time-consuming and can drag on for months or even years. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.