Veterans Disability Case Tools To Streamline Your Daily Life Veterans …
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Veterans Disability Litigation
Ken counsels veterans of the military to help them obtain the disability compensation they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of veterans disability Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with disabilities that are related to service. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides a basic income to the disabled veteran and Veterans Disability their families.
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 basic disability compensation.
The Social Security Administration also gives veterans a special credit they can utilize to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These credits are also referred to as "credit for service."
Many of the conditions that qualify an individual for disability compensation are described in the Code of Federal Regulations. Certain 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 required to prove a claim of disability compensation.
Sullivan & Kehoe has extensive experience representing veterans disability lawsuits in appeals and claims for disability. We are committed to ensuring that our clients receive the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans the top priority in his practice.
How do I claim a benefit?
First, veterans need to look up the medical evidence supporting their impairment. This includes X-rays and doctor's notes, as well with any other documentation that is related to the veteran's condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents then the VA should be notified by the applicant (or their VSO).
The next step is to make an intent to file. This form allows the VA to review your claim, even before you have all the information and medical records you require. It also ensures that you have an effective date for receiving compensation when you win your case.
Once all the information is received when all the information is in, the VA will schedule an examination for you. The VA will set the date for the examination according to the severity of your disability and the type of disability you claim. Make sure you attend the exam, since should you miss it, it could delay your claim.
The VA will send you a decision-making package after the examinations are completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.
A lawyer can help you at this point. Lawyers who are accredited by VA can now be involved in the appeals from the start, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be frustrating. Fortunately, the VA has an appeals procedure for these decisions. The first step is to send the Notice of Disagreement to the VA regional office which sent you the Rating decision. In your notice of disagreement, you have to tell the VA why you are not happy with their decision. It is not necessary to list every reason but you should include everything that you disagree on.
It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. There are usually insufficient or missing records. In certain cases it could lead to an error in the rating decision.
After you have submitted your NOD, you will be asked to choose whether you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success when you opt for a DRO review than with the BVA.
In the event of the DRO review, you have the option of requesting an individual hearing with a senior rating specialist. The DRO will examine your claim "de novo" this means they will not defer to the previous decision. This usually results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest appeals process and can take up to three years to reach a new decision.
How much can a lawyer charge?
A lawyer could charge a fee for assisting you appeal a VA disability decision. However, current law prevents lawyers from charging for assistance in a claim. This is because the fee has to be dependent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.
Veterans can search the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a wide range of matters that include disability compensation claims and pension claims.
Most disability advocates for veterans are paid on a contingency basis. They only get paid when they win their client's appeal, and also receive back pay from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total past due benefit.
In rare cases lawyers or agents could decide to charge an hourly fee. This is not common due to two reasons. First, these cases can be time-consuming and can drag on for months or even years. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.
Ken counsels veterans of the military to help them obtain the disability compensation they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of veterans disability Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with disabilities that are related to service. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides a basic income to the disabled veteran and Veterans Disability their families.
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 basic disability compensation.
The Social Security Administration also gives veterans a special credit they can utilize to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These credits are also referred to as "credit for service."
Many of the conditions that qualify an individual for disability compensation are described in the Code of Federal Regulations. Certain 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 required to prove a claim of disability compensation.
Sullivan & Kehoe has extensive experience representing veterans disability lawsuits in appeals and claims for disability. We are committed to ensuring that our clients receive the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans the top priority in his practice.
How do I claim a benefit?
First, veterans need to look up the medical evidence supporting their impairment. This includes X-rays and doctor's notes, as well with any other documentation that is related to the veteran's condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents then the VA should be notified by the applicant (or their VSO).
The next step is to make an intent to file. This form allows the VA to review your claim, even before you have all the information and medical records you require. It also ensures that you have an effective date for receiving compensation when you win your case.
Once all the information is received when all the information is in, the VA will schedule an examination for you. The VA will set the date for the examination according to the severity of your disability and the type of disability you claim. Make sure you attend the exam, since should you miss it, it could delay your claim.
The VA will send you a decision-making package after the examinations are completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.
A lawyer can help you at this point. Lawyers who are accredited by VA can now be involved in the appeals from the start, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be frustrating. Fortunately, the VA has an appeals procedure for these decisions. The first step is to send the Notice of Disagreement to the VA regional office which sent you the Rating decision. In your notice of disagreement, you have to tell the VA why you are not happy with their decision. It is not necessary to list every reason but you should include everything that you disagree on.
It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. There are usually insufficient or missing records. In certain cases it could lead to an error in the rating decision.
After you have submitted your NOD, you will be asked to choose whether you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success when you opt for a DRO review than with the BVA.
In the event of the DRO review, you have the option of requesting an individual hearing with a senior rating specialist. The DRO will examine your claim "de novo" this means they will not defer to the previous decision. This usually results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest appeals process and can take up to three years to reach a new decision.
How much can a lawyer charge?
A lawyer could charge a fee for assisting you appeal a VA disability decision. However, current law prevents lawyers from charging for assistance in a claim. This is because the fee has to be dependent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.
Veterans can search the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a wide range of matters that include disability compensation claims and pension claims.
Most disability advocates for veterans are paid on a contingency basis. They only get paid when they win their client's appeal, and also receive back pay from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total past due benefit.
In rare cases lawyers or agents could decide to charge an hourly fee. This is not common due to two reasons. First, these cases can be time-consuming and can drag on for months or even years. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.
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