Veterans Disability Litigation Ken assists veterans to obtain the disability benefits they deserve. He also represents his 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 amount of monetary compensation per month that veterans receive for service-related disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is free of tax and provides a minimum income to the disabled veteran and his family. VA offers additional compensation through other programs, for example individual unemployment, clothing allowances prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation. The Social Security Administration also gives veterans special credits that they can use to boost their lifetime earnings to qualify for retirement or disability 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 an expert's opinion. An experienced veteran attorney can assist a client in obtaining an opinion, and also provide the evidence needed to support the claim for disability compensation. Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to ensuring that our clients receive the disability benefits that they are entitled to. We have handled a variety of disability cases and are conversant with the complexities of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans' 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? Veterans must first find the medical evidence of their disability. This includes Xrays or doctor's notes, as well with any other documentation that is related to the condition of the veteran. Giving these records to VA is essential. If a veteran doesn't have these documents, they should be provided 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 review your claim even before you have the proper information and medical records. It also preserves your effective date for compensation benefits should you prevail in your case. The VA will schedule your appointment when all details have been received. The VA will set the date for the examination according to the severity of your disability and the type you claim. Be sure to take the exam, since if you miss it, it could delay your claim. Once the examinations are complete After the examinations are completed, the VA will review the evidence and send you a decision package. If the VA denies your claim you have one year from the date of the letter to request a higher-level review. At this moment, a lawyer could assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is an enormous benefit for those who seek disability benefits. How do I appeal a denial? The denial of veterans' disability benefits can be a source of frustration. The VA offers an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disparage, you must tell the VA why you disagree with their decision. You don't need to list all of the reasons, but you should mention everything that you disagree on. It's also important to request your C-file (claims file) to see the evidence that the VA used to make their decision. Often times there are missing or incomplete records. This can sometimes lead to a mistake in the rating. When you file your NOD, you must decide whether you would like 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 when you opt for the DRO review DRO review than with the BVA. With an DRO review, you have the option of asking for an individual hearing before an experienced senior rating specialist. The DRO will conduct an investigation of your claim on an "de novo" basis, meaning they do not give deference to the previous decision. This usually 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 most lengthy appeals process and it can take up to three years for a new decision. What is the average cost a lawyer can charge? A lawyer can charge a fee to help appeal the VA decision on a disability claim. However, current law prevents lawyers from charging fees to assist when submitting a claim. The fee is only payable when the lawyer wins your case or increases your benefits through an appeal. Typically the fees are paid directly out of any lump-sum payment you receive from the VA. Veterans can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a broad range of matters such as pension claims, disability compensation and claims. Most veterans' disability advocates work on a contingency basis. This means that they only get paid if they prevail in the appeal of the client and get back payment from the VA. The amount of backpay that is awarded can vary however it could be as high as 20 percent of the claimant's past-due benefits. In rare instances an attorney or agent may decide to charge on an the basis of an hourly rate. However, this is not the norm due to two reasons. These matters could take months or even years to be resolved. Additionally, many veterans and their families cannot afford an hourly fee.