Are Veterans Disability Case As Important As Everyone Says?
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Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they deserve. Ken 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 monthly monetary compensation provided to veterans suffering from service-related disabilities is determined on their disability rating. This rating is based upon the severity of an injury or illness and may range between zero and 100% in increments of 10% (e.g. 20 percent 30 percent, 30 percent, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their families.
VA offers additional compensation through other programs, including individual unemployment allowances for clothing as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These are in addition to the standard disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their lifetime earnings for disability or retirement benefits. These credits are referred to as "credit for service."
Many of the conditions that can qualify a veteran for disability compensation are mentioned in the Code of Federal Regulations. However, certain circumstances require an expert's opinion. An experienced veteran attorney can assist a client obtain an opinion, and also provide the evidence needed to support an claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients obtain the disability benefits 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 in 1996 by a disabled vet who was able to successfully represent himself at a Board of Veterans Appeals Hearing, made veterans disability attorneys' rights a priority for his practice.
How do I file a claim?
Veterans need to first collect the medical evidence to prove their impairment. This includes any X-rays, doctor's reports or any other documentation relevant to their health. Giving these records to VA is vital. If a veteran doesn't 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 allows the VA to review your claim, even before you have all the medical records you need. It also preserves your effective date for compensation benefits when you win your case.
The VA will schedule your exam after all the details have been received. The VA will schedule the exam based on the amount of disabilities you have and the type you are claiming. Make sure you take this test, because If you don't, it could delay your claim.
The VA will send you a decision-making package once the examinations have been completed. If the VA refuses to accept the claim you will have one year to request a more thorough review.
A lawyer can be of assistance at this point. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a huge benefit to those seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a difficult experience. Thankfully that the VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. You don't have to list every reason, but you should mention all the aspects you don't agree with.
It is also essential to request your C-file (claims file) to see the evidence that the VA used in making their decision. There are often insufficient or missing records. In certain cases this could lead to an error in the rating decision.
When you file your NOD, you must decide whether you prefer to have your situation considered 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, compared to if it's reviewed by the BVA.
When you request the DRO review, you have the option of asking for a personal hearing before a senior rating specialist. The DRO will examine your claim "de novo" this means they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the longest demanding appeals process and usually can take between one and three years for a new decision.
How much can an attorney charge?
Lawyers can charge a fee for helping you appeal an VA decision on an appeal for disability. However, current law prohibits lawyers from charging fees for assistance when submitting a claim. This is due to the fact that the fee must be contingent upon the lawyer winning your case or having your benefits increased through an appeal. Typically these fees are directly derived from any lump-sum payments you get from the VA.
Veterans can use the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast variety of cases that include pension claims, disability compensation and claims.
The majority of veterans' disability advocates work on a contingency. They only receive compensation when they are successful in defending their client's case, and they are also paid back from VA. The amount of backpay that is given can be different but it could be as high as 20 percent of the claimant's past-due benefits.
In rare cases lawyers or agents may choose to charge an hourly rate. However, this is uncommon due to two reasons. First, these issues can be time-consuming and can drag on for months or even years. Second, most veterans and their families are unable to afford to pay on an hourly basis.
Ken helps veterans obtain the disability benefits they deserve. Ken 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 monthly monetary compensation provided to veterans suffering from service-related disabilities is determined on their disability rating. This rating is based upon the severity of an injury or illness and may range between zero and 100% in increments of 10% (e.g. 20 percent 30 percent, 30 percent, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their families.
VA offers additional compensation through other programs, including individual unemployment allowances for clothing as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These are in addition to the standard disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their lifetime earnings for disability or retirement benefits. These credits are referred to as "credit for service."
Many of the conditions that can qualify a veteran for disability compensation are mentioned in the Code of Federal Regulations. However, certain circumstances require an expert's opinion. An experienced veteran attorney can assist a client obtain an opinion, and also provide the evidence needed to support an claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients obtain the disability benefits 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 in 1996 by a disabled vet who was able to successfully represent himself at a Board of Veterans Appeals Hearing, made veterans disability attorneys' rights a priority for his practice.
How do I file a claim?
Veterans need to first collect the medical evidence to prove their impairment. This includes any X-rays, doctor's reports or any other documentation relevant to their health. Giving these records to VA is vital. If a veteran doesn't 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 allows the VA to review your claim, even before you have all the medical records you need. It also preserves your effective date for compensation benefits when you win your case.
The VA will schedule your exam after all the details have been received. The VA will schedule the exam based on the amount of disabilities you have and the type you are claiming. Make sure you take this test, because If you don't, it could delay your claim.
The VA will send you a decision-making package once the examinations have been completed. If the VA refuses to accept the claim you will have one year to request a more thorough review.
A lawyer can be of assistance at this point. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a huge benefit to those seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a difficult experience. Thankfully that the VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. You don't have to list every reason, but you should mention all the aspects you don't agree with.
It is also essential to request your C-file (claims file) to see the evidence that the VA used in making their decision. There are often insufficient or missing records. In certain cases this could lead to an error in the rating decision.
When you file your NOD, you must decide whether you prefer to have your situation considered 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, compared to if it's reviewed by the BVA.
When you request the DRO review, you have the option of asking for a personal hearing before a senior rating specialist. The DRO will examine your claim "de novo" this means they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the longest demanding appeals process and usually can take between one and three years for a new decision.
How much can an attorney charge?
Lawyers can charge a fee for helping you appeal an VA decision on an appeal for disability. However, current law prohibits lawyers from charging fees for assistance when submitting a claim. This is due to the fact that the fee must be contingent upon the lawyer winning your case or having your benefits increased through an appeal. Typically these fees are directly derived from any lump-sum payments you get from the VA.
Veterans can use the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast variety of cases that include pension claims, disability compensation and claims.
The majority of veterans' disability advocates work on a contingency. They only receive compensation when they are successful in defending their client's case, and they are also paid back from VA. The amount of backpay that is given can be different but it could be as high as 20 percent of the claimant's past-due benefits.
In rare cases lawyers or agents may choose to charge an hourly rate. However, this is uncommon due to two reasons. First, these issues can be time-consuming and can drag on for months or even years. Second, most veterans and their families are unable to afford to pay on an hourly basis.
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