Veterans Disability Litigation
Ken counsels military veterans to help them get the disability benefits they deserve. Ken also represents 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, according to an action filed this week by Yale Law School’s Veterans Legal Services Clinic.
What is an VA disability?
The amount of monthly monetary compensation paid to veterans with disabilities resulting from service is based on their disability rating. The rating is based on the severity of an injury or illness and can vary between zero and 100% in increments of 10 percent (e.g. 20 percent 30%, 20 percent, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their families.
The VA also has other programs that provide additional compensation like individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the regular 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 earnings over the course of their lives for retirement or disability benefits. These extra credits are referred to as “credit for service.”
Many of the conditions that make a veteran for disability compensation are mentioned in the Code of Federal Regulations. However, a few of these conditions require an expert’s opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the proof needed to support a claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients to receive the disability benefits they deserve. We have handled hundreds of disability cases and disability are well-versed in the complicated nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans disability lawsuits rights a major part of his practice after he successfully represented himself at a Board of Veterans Appeals hearing.
How do I make a claim?
The first step is to track down the medical evidence to prove their disability. This includes X-rays or doctor’s reports, as any other documentation pertaining to the veteran’s condition. Making these records available to the VA is essential. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is the filing of an intention to file. This form allows the VA examine your claim even before you have the needed information and medical records. It also ensures that you have an date of eligibility for compensation benefits when you win your case.
The VA will schedule your examination once all of the details have been received. This will be dependent on the quantity and type of disability you claim. In the event that you do not attend this exam, it could delay the processing of your claim.
After the examinations have been completed after which the VA will review the evidence and send you a decision package. If the VA denies your claim, you have a year from the date of the letter to request a more thorough review.
A lawyer can assist you at this point. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a gruelling experience. Fortunately the VA has an appeals process for these decisions. The first step is to send the Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you have to explain to the VA why you disagreed with their decision. You don’t have to list every reason but you should include all the points you disagree with.
You must also request a C-file, or claims file, so that you can determine what evidence the VA used to make their decision. There are usually incomplete or missing data. In certain cases this could lead to an error in the rating decision.
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. Generally speaking, you will have a greater chance of success with the DRO review DRO review than with the BVA.
You can request a personal hearing with a senior rating expert via the process of a DRO review. The DRO will review your claim “de novo”, meaning that they will not be influenced by the previous decision. This typically will result in a brand new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the longest lengthy appeals procedure and typically takes one to three years to obtain a new decision.
How much does a lawyer charge?
A lawyer can charge a fee for helping appeal the VA decision on a disability claim. The law in place today does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only due if the lawyer wins your case or increases your benefits through an appeal. Typically these fees are directly derived from any lump-sum payments you receive from the VA.
Veterans can search the VA’s database of attorneys who are accredited or claim agents to locate accredited representatives. They have been vetted by the Department of Veterans Affairs to represent service members, veterans or their dependents in a range of issues including disability compensation and disability pension claims.
Most veterans’ disability advocates are paid on a contingency basis. This means that they only get paid if they win the appeal of the client and get back payments from the VA. The amount of backpay paid can vary however it could be as high as 20 percent of the claimant’s past due benefits.
In rare cases attorneys or agents may choose to charge on the basis of an hourly rate. This is rare for two reasons. First, these issues are often time consuming and can drag on for months or even years. Second, many veterans and their families can’t afford to pay an hourly fee.