7 Things You've Never Knew About Veterans Disability Case
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Veterans Disability Litigation
Ken counsels military veterans disability law firms to assist them in obtaining the disability compensation they deserve. Ken also represents 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 lawyers Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.
What is a VA disability?
The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. This rating is determined by the severity of an injury or illness and can range from zero and 100% in increments of 10 percent (e.g. 20% 30 percent, 30 percent, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their families.
The VA also offers other programs that offer additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credits to boost their earnings over the course of their lives for retirement or disability benefits. These additional credits are known as "credit for service."
Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, a few of these conditions require an expert's opinion. An experienced lawyer can assist a customer in obtaining this opinion, and provide the evidence required to support the claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to ensuring that our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was founded by a disabled veteran who made fighting for veterans' rights a top priority in his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.
How do I claim a benefit?
First, veterans need to find the medical evidence that supports their condition. This includes X-rays and doctor's reports or other documentation regarding their health. It is vital to provide these records to VA. If a veteran doesn't have these documents and the VA must be informed by the applicant (or their VSO).
The next step is the filing of an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. It also preserves your date of eligibility for compensation benefits when you win your case.
If all the required information is in When all the information is submitted, the VA will schedule an examination for you. The VA will schedule an examination depending on the amount of disabilities you have and the type of disability you're claiming. Attend this exam as missing it could delay the processing of your claim.
The VA will provide you with a decision 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 assist you at this point. Accredited lawyers from VA can be involved in the appeals from the start, which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a difficult experience. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't need to list every reason, but you should list all the points you disagree with.
It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. There are often documents that are not complete or have been deleted. In certain cases this could lead to an error in the rating decision.
When you file your NOD, you will need to decide if you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO examines your case rather than when it's reviewed by the BVA.
In the event of the DRO review, you have the option of asking for an individual hearing before a senior rating specialist. The DRO will review your claim "de novo" which means they will not defer to the previous decision. This usually results in a completely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest appeals process and it can take approximately three years to get a new decision.
How much does an attorney charge?
A lawyer can charge a fee to help you appeal a VA disability decision. The current law does not allow lawyers to charge fees for initial assistance in a claim. The fee is only due if the lawyer is successful in your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.
Veterans are able to search the database of lawyers accredited to practice or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and can represent service members, veterans or their dependents in a wide variety of cases, including pension claims, disability compensation and claims.
Most disability advocates for veterans are paid on the basis of a contingent. This means that they are only paid if they succeed in winning the appeal of the client and get back payments from the VA. The amount of backpay that is given can be different but can be as high as 20 percent of the claimant's past due benefits.
In rare cases an attorney or agent may decide to charge an the hourly basis. This is rare for two reasons. These matters can take months or years to resolve. Second, many veterans and their families are unable to afford an hourly rate.
Ken counsels military veterans disability law firms to assist them in obtaining the disability compensation they deserve. Ken also represents 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 lawyers Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.
What is a VA disability?
The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. This rating is determined by the severity of an injury or illness and can range from zero and 100% in increments of 10 percent (e.g. 20% 30 percent, 30 percent, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their families.
The VA also offers other programs that offer additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credits to boost their earnings over the course of their lives for retirement or disability benefits. These additional credits are known as "credit for service."
Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, a few of these conditions require an expert's opinion. An experienced lawyer can assist a customer in obtaining this opinion, and provide the evidence required to support the claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to ensuring that our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was founded by a disabled veteran who made fighting for veterans' rights a top priority in his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.
How do I claim a benefit?
First, veterans need to find the medical evidence that supports their condition. This includes X-rays and doctor's reports or other documentation regarding their health. It is vital to provide these records to VA. If a veteran doesn't have these documents and the VA must be informed by the applicant (or their VSO).
The next step is the filing of an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. It also preserves your date of eligibility for compensation benefits when you win your case.
If all the required information is in When all the information is submitted, the VA will schedule an examination for you. The VA will schedule an examination depending on the amount of disabilities you have and the type of disability you're claiming. Attend this exam as missing it could delay the processing of your claim.
The VA will provide you with a decision 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 assist you at this point. Accredited lawyers from VA can be involved in the appeals from the start, which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a difficult experience. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't need to list every reason, but you should list all the points you disagree with.
It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. There are often documents that are not complete or have been deleted. In certain cases this could lead to an error in the rating decision.
When you file your NOD, you will need to decide if you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO examines your case rather than when it's reviewed by the BVA.
In the event of the DRO review, you have the option of asking for an individual hearing before a senior rating specialist. The DRO will review your claim "de novo" which means they will not defer to the previous decision. This usually results in a completely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest appeals process and it can take approximately three years to get a new decision.
How much does an attorney charge?
A lawyer can charge a fee to help you appeal a VA disability decision. The current law does not allow lawyers to charge fees for initial assistance in a claim. The fee is only due if the lawyer is successful in your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.
Veterans are able to search the database of lawyers accredited to practice or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and can represent service members, veterans or their dependents in a wide variety of cases, including pension claims, disability compensation and claims.
Most disability advocates for veterans are paid on the basis of a contingent. This means that they are only paid if they succeed in winning the appeal of the client and get back payments from the VA. The amount of backpay that is given can be different but can be as high as 20 percent of the claimant's past due benefits.
In rare cases an attorney or agent may decide to charge an the hourly basis. This is rare for two reasons. These matters can take months or years to resolve. Second, many veterans and their families are unable to afford an hourly rate.
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