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Veterans Disability Litigation
Ken counsels veterans of the military to help them get the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims, according to 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 compensation per month paid to veterans with service-related disabilities. The rating is based on the severity of an injury or illness and can range from 0% and 100% in increments of 10 percent (e.g. 20 percent 30, 30 percent, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their family.
VA offers additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization, automobile allowances, and hospitalization allowances. These are in addition to the standard disability compensation.
The Social Security Administration also gives veterans a special credit they can use to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are known as "credit for service."
A majority of the conditions that allow a veteran for disability compensation are included in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. An experienced veteran attorney can assist a client in obtaining an opinion, and also provide the evidence needed to support an claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients obtain the disability benefits that they are entitled to. We have handled hundreds of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans disability attorneys' rights a priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.
How do I file a claim?
Veterans need to first collect the medical evidence supporting their disability. This includes Xrays, doctor's notes or other evidence related to their condition. It is essential to submit these records to VA. If a veteran does not have these documents, they must 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 lets the VA examine your claim even before you have all the required information and medical records. It also preserves your date of effective for benefits in the event that you win your case.
The VA will schedule your medical exam after all the information is received. The VA will schedule an exam according to the number of disabilities as well as the type you are claiming. Attend this exam as missing it could delay the process of your claim.
The VA will provide you with a decision package when the examinations have been completed. If the VA denies the claim, you'll have one year to request a more thorough review.
At this point, a lawyer can help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a hugely beneficial to those seeking disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans can be frustrating. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you should tell the VA the reasons you don't agree with their decision. You don't have to include all the reasons but you should list everything you disagree with.
It is also essential to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. In many cases there are gaps or incomplete records. In certain cases this could lead to an error in the rating decision.
When you file your NOD you must choose whether you would like to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a higher chance of success with the DRO review DRO review than with the BVA.
You can request a private hearing with a senior rating expert via the process of a DRO review. The DRO will conduct an examination of your claim on a "de de novo" basis, which means they will not give deference to the previous decision. This typically results in an entirely new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest appeals process and it can take up to three years to reach an appeal to be heard.
What is the average cost a lawyer can charge?
Lawyers can charge a fee if appeal a VA decision on a disability claim. The law in place today does not allow lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee must be dependent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically, these fees will be paid out of the lump-sum payments that you receive from the VA.
Veterans may be able to identify accredited representatives by using the VA's searchable database for accredited attorneys or claims representatives. These people are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast spectrum of cases such as pension claims, disability compensation and claims.
Most disability advocates for veterans are paid on an ad-hoc basis. They only get paid when they are successful in defending their client's case, and they receive back pay from VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's past-due benefit award.
In rare cases, an agent or attorney might decide to charge on an the basis of an hourly rate. This is rare for two reasons. First, these situations are usually time-consuming and can last for months or even years. Second, most veterans disability attorney and their families can't afford to pay on an hourly basis.