Veterans Disability Litigation

Ken assists veterans in obtaining 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 by discriminating against their disability claims.

What is what is VA disability?

The amount of monthly monetary compensation provided to veterans suffering from service connected disabilities is based on their disability rating. This rating is determined by the severity of an injury or Vimeo illness and can vary between zero and 100% in increments of 10% (e.g. 20 percent 30%, 20 percent, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their family.

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

The Social Security Administration also gives veterans special credits that they can use to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These extra credits are known as "credit for service."

Many of the conditions that can qualify a veteran for disability compensation are described in the Code of Federal Regulations. Certain of these conditions however require the opinion of an expert. A seasoned veteran attorney can assist a client obtain this opinion and provide the evidence needed to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to ensuring that our clients get the disability benefits they are entitled to. We have handled hundreds 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 plymouth veterans disability attorney rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans must locate the medical evidence for their disability. This includes X-rays or doctor's reports as well as any other documentation related to the condition of the veteran. It is vital to provide these documents to the VA. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).

The next step is a filing of an intent to file. This form allows the VA to begin reviewing 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 when you win your case.

When all the information is provided When all the information is submitted, the VA will arrange an examination for you. The VA will set the date for the examination depending on the amount of disabilities you have and the type you claim. Don't miss this exam because it could delay the processing of your claim.

Once the tests are complete after which the VA will examine the evidence and then send you a confirmation packet. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.

At this stage, a lawyer is able to assist you. VA-accredited lawyers are now involved in the appeals from the start, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans is a frustrating experience. The VA has an appeals process for these decisions. The first step is to send an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you have to tell the VA why you are not happy with their decision. You don't have to list all the reasons however, you must mention everything you disagree with.

It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. Sometimes there are gaps or insufficient records. In certain cases this could result in an error in the rating decision.

When you file your NOD it is up to you to decide if would like to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a better chance of success with the DRO review DRO review than with the BVA.

In the event of a DRO review you have the option of requesting an individual hearing with a senior rating specialist. The DRO will review your claim "de de novo" this means they will not accept the previous decision. This typically results in an entirely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the time demanding appeals process and usually takes anywhere from one to three years to obtain an updated decision.

How much can an attorney charge?

A lawyer can charge a fee to help appeal the VA decision regarding a disability claim. But, current law prohibits lawyers from charging for assistance when submitting a claim. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. Typically the fees are directly derived from any lump-sum payments you get from the VA.

Veterans can search the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, vimeo service members or their dependents in a variety of issues such as disability compensation and pension claims.

Most disability advocates for veterans 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 backpay awarded can vary but can be as high as 20 percent of the claimant's past-due benefits.

In rare instances attorneys or agents may decide to charge an an hourly basis. This is not common due to two reasons. First, these cases are often time consuming and can drag on for months or even years. The second reason is that many veterans and their families don't afford to pay an hourly fee.