Veterans Disability Case Tools To Ease Your Daily Life Veterans Disabi…
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Veterans Disability Litigation
Ken assists veterans to obtain the disability benefits they are entitled to. Ken assists his clients at 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 disability law firm Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is an VA disability?
The amount of monetary compensation per month paid to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of the illness or injury and can vary from 0% to 100% in increments of 10% (e.g., 20 percent, Veterans disability 30%, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their families.
VA offers additional compensation through other programs, for example individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. These are in addition to the regular disability compensation.
The Social Security Administration also gives veterans special credits they can use to boost their earnings over time to be eligible for disability or retirement benefits. These credits are also referred to as "credit for service."
Many of the conditions that qualify disabled veterans for disability benefits are listed in the Code of Federal Regulations. However, certain conditions require an expert opinion. An experienced lawyer can assist a client to obtain this opinion and provide the evidence required to support an application for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients to receive the disability benefits they are entitled to. We have handled thousands disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself at a Board of Veterans Appeals Hearing and Veterans Disability making veterans' rights an integral part of his practice.
How do I file a claim?
Veterans must first locate the medical evidence that proves their disability. This includes X-rays and doctor's reports, as as any other documentation related to the veteran's condition. Giving these records to VA is vital. If a veteran does not have these documents then the VA must be informed by the applicant (or their VSO).
The next step is to make an intent to file. This form permits the VA to review your claim before you have all the information and medical records you require. It also preserves your effective date for compensation benefits if you win your case.
When all the information is received When all the information is submitted, the VA will schedule an appointment for you. The VA will set the date for the examination in accordance with the number of disabilities and the type of disability you're claiming. Make sure you attend the exam, since if you miss it the exam could delay your claim.
The VA will send you a decision-making package after the tests have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.
A lawyer can help you in this situation. VA-accredited lawyers are now involved in the appeals from the start, which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans can be a source of frustration. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement you should state to the VA why you are not happy with their decision. It is not necessary to list every reason, but you should state all the issues that you don't agree with.
You should also request your C file, or claims file, to see the evidence that the VA used to reach their decision. There are usually documents that are not complete or have been deleted. In some instances this could lead to an error in the rating decision.
When 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. In general you'll have more of a chance of success when the DRO reviews your case than when it's reviewed by the BVA.
When you request an DRO review you can request an individual hearing with a senior rating specialist. The DRO will review your claim "de novo" this means they will not be influenced by the previous decision. This usually results in a new Rating Decision. You can also choose to request that the BVA in Washington review your claim. This is the time taking appeals route and typically takes anywhere from one to three years for a new decision.
What is the average cost a lawyer can charge?
A lawyer can charge a fee to help you appeal a VA disability decision. The law as it stands today does not allow lawyers to charge for initial assistance in a claim. This is due to the fact that the fee must be contingent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically the fees will be paid directly from any lump-sum payments you get from the VA.
Veterans can find accredited representatives through the VA's searchable database of licensed attorneys or claims agents. These individuals are accredited by the Department of veterans disability Affairs and are able to represent service members, veterans or dependents in a vast range of issues including pension claims, disability compensation and claims.
Most disability advocates for veterans work on a contingency. They only receive compensation when they prevail in their client's appeal and also receive back pay from VA. The amount of backpay awarded can vary but it could be as high as 20 percent of a claimant's past due benefits.
In rare cases lawyers or agents might choose to charge an hourly rate. However, this is uncommon for two reasons. These issues can take a long time to resolve. Additionally, many veterans and their families can't afford an hourly rate.
Ken assists veterans to obtain the disability benefits they are entitled to. Ken assists his clients at 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 disability law firm Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is an VA disability?
The amount of monetary compensation per month paid to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of the illness or injury and can vary from 0% to 100% in increments of 10% (e.g., 20 percent, Veterans disability 30%, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their families.
VA offers additional compensation through other programs, for example individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. These are in addition to the regular disability compensation.
The Social Security Administration also gives veterans special credits they can use to boost their earnings over time to be eligible for disability or retirement benefits. These credits are also referred to as "credit for service."
Many of the conditions that qualify disabled veterans for disability benefits are listed in the Code of Federal Regulations. However, certain conditions require an expert opinion. An experienced lawyer can assist a client to obtain this opinion and provide the evidence required to support an application for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients to receive the disability benefits they are entitled to. We have handled thousands disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself at a Board of Veterans Appeals Hearing and Veterans Disability making veterans' rights an integral part of his practice.
How do I file a claim?
Veterans must first locate the medical evidence that proves their disability. This includes X-rays and doctor's reports, as as any other documentation related to the veteran's condition. Giving these records to VA is vital. If a veteran does not have these documents then the VA must be informed by the applicant (or their VSO).
The next step is to make an intent to file. This form permits the VA to review your claim before you have all the information and medical records you require. It also preserves your effective date for compensation benefits if you win your case.
When all the information is received When all the information is submitted, the VA will schedule an appointment for you. The VA will set the date for the examination in accordance with the number of disabilities and the type of disability you're claiming. Make sure you attend the exam, since if you miss it the exam could delay your claim.
The VA will send you a decision-making package after the tests have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.
A lawyer can help you in this situation. VA-accredited lawyers are now involved in the appeals from the start, which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans can be a source of frustration. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement you should state to the VA why you are not happy with their decision. It is not necessary to list every reason, but you should state all the issues that you don't agree with.
You should also request your C file, or claims file, to see the evidence that the VA used to reach their decision. There are usually documents that are not complete or have been deleted. In some instances this could lead to an error in the rating decision.
When 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. In general you'll have more of a chance of success when the DRO reviews your case than when it's reviewed by the BVA.
When you request an DRO review you can request an individual hearing with a senior rating specialist. The DRO will review your claim "de novo" this means they will not be influenced by the previous decision. This usually results in a new Rating Decision. You can also choose to request that the BVA in Washington review your claim. This is the time taking appeals route and typically takes anywhere from one to three years for a new decision.
What is the average cost a lawyer can charge?
A lawyer can charge a fee to help you appeal a VA disability decision. The law as it stands today does not allow lawyers to charge for initial assistance in a claim. This is due to the fact that the fee must be contingent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically the fees will be paid directly from any lump-sum payments you get from the VA.
Veterans can find accredited representatives through the VA's searchable database of licensed attorneys or claims agents. These individuals are accredited by the Department of veterans disability Affairs and are able to represent service members, veterans or dependents in a vast range of issues including pension claims, disability compensation and claims.
Most disability advocates for veterans work on a contingency. They only receive compensation when they prevail in their client's appeal and also receive back pay from VA. The amount of backpay awarded can vary but it could be as high as 20 percent of a claimant's past due benefits.
In rare cases lawyers or agents might choose to charge an hourly rate. However, this is uncommon for two reasons. These issues can take a long time to resolve. Additionally, many veterans and their families can't afford an hourly rate.
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