A Step-By'-Step Guide To Picking The Right Veterans Disability Case
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Veterans Disability Litigation
Ken advises veterans of the military to assist them in getting the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, disproportionately rejecting their disability claims as per the lawsuit filed this week by Yale Law School's Veterans disability Law firms Legal Services Clinic.
What is an VA disability?
The amount of monetary compensation per month given to veterans with service-related disabilities is determined on their disability rating. The rating is based on the severity of an illness or injury, and veterans disability law firms can range between 0% and 100% in increments of 10% (e.g. 20% 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, such as individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These are in addition to the standard disability compensation.
The Social Security Administration also gives veterans special credits they can utilize to increase their earnings over time to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
Many of the conditions that allow disabled veterans for disability benefits are described in the Code of Federal Regulations. Certain of these conditions, however require an expert's opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the evidence needed to support an application for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are conversant with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled vet who after having successfully represented himself in an appeals hearing before the Board of veterans disability lawsuit Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I make a claim?
First, veterans must find the medical evidence for their condition. This could include X-rays, doctor's reports, as in any other documentation related to the veteran's condition. It is crucial to provide these records to VA. If a veteran doesn't have these documents, the VA must be informed by the applicant (or their VSO).
The next step is to submit an intent to file. This form permits the VA to review your claim before you have all the information and medical records that you require. This form also protects the date on which you will receive your compensation benefits in the event you have a successful case.
The VA will schedule your appointment after all the details have been received. This will be dependent on the quantity and type of disability you claim. Make sure that you take this exam, as should you miss it this could affect your claim.
The VA will send you a decision package after the tests have been completed. If the VA decides to deny the claim, you have a year to request a higher-level review.
A lawyer can help you at this point. VA-accredited lawyers are now involved in the appeals from the beginning which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a difficult experience. The VA provides an appeals procedure for these decisions. The first step is to send the Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you must tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you must list all the points you don't agree with.
You must also request a C-file, or claims file, so that you can determine the evidence that the VA used to arrive at their decision. There are usually documents that are not complete or have been deleted. This can result in an error in the rating.
When you submit your NOD, it will be asked if you want your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success when the DRO examines your case rather than if it's viewed by the BVA.
You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will review your claim "de novo", meaning that they will not accept the previous decision. This usually will result in a brand new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the most time taking appeals route and typically takes between one and three years for an updated decision.
How much does an attorney charge?
A lawyer could charge a fee to assist you appeal a VA disability decision. But, current law prohibits lawyers from charging fees to assist with a claim. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. Typically, these fees will be directly derived from any lump-sum payment you receive from the VA.
Veterans can search the VA's database of accredited attorneys or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans or their dependents in a variety of issues including disability compensation and pension claims.
Most disability advocates for veterans are paid on an hourly basis. This means that they will only be paid if they prevail in the appeal of the client and receive back payments from the VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's past-due benefit amount.
In rare cases an attorney or agent may decide to charge on an an hourly basis. However, this is uncommon for two reasons. First, these situations tend to be time-consuming and can drag on for months or even years. Second, many veterans and their families are unable to afford to pay an hourly fee.
Ken advises veterans of the military to assist them in getting the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, disproportionately rejecting their disability claims as per the lawsuit filed this week by Yale Law School's Veterans disability Law firms Legal Services Clinic.
What is an VA disability?
The amount of monetary compensation per month given to veterans with service-related disabilities is determined on their disability rating. The rating is based on the severity of an illness or injury, and veterans disability law firms can range between 0% and 100% in increments of 10% (e.g. 20% 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, such as individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These are in addition to the standard disability compensation.
The Social Security Administration also gives veterans special credits they can utilize to increase their earnings over time to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
Many of the conditions that allow disabled veterans for disability benefits are described in the Code of Federal Regulations. Certain of these conditions, however require an expert's opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the evidence needed to support an application for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are conversant with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled vet who after having successfully represented himself in an appeals hearing before the Board of veterans disability lawsuit Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I make a claim?
First, veterans must find the medical evidence for their condition. This could include X-rays, doctor's reports, as in any other documentation related to the veteran's condition. It is crucial to provide these records to VA. If a veteran doesn't have these documents, the VA must be informed by the applicant (or their VSO).
The next step is to submit an intent to file. This form permits the VA to review your claim before you have all the information and medical records that you require. This form also protects the date on which you will receive your compensation benefits in the event you have a successful case.
The VA will schedule your appointment after all the details have been received. This will be dependent on the quantity and type of disability you claim. Make sure that you take this exam, as should you miss it this could affect your claim.
The VA will send you a decision package after the tests have been completed. If the VA decides to deny the claim, you have a year to request a higher-level review.
A lawyer can help you at this point. VA-accredited lawyers are now involved in the appeals from the beginning which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a difficult experience. The VA provides an appeals procedure for these decisions. The first step is to send the Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you must tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you must list all the points you don't agree with.
You must also request a C-file, or claims file, so that you can determine the evidence that the VA used to arrive at their decision. There are usually documents that are not complete or have been deleted. This can result in an error in the rating.
When you submit your NOD, it will be asked if you want your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success when the DRO examines your case rather than if it's viewed by the BVA.
You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will review your claim "de novo", meaning that they will not accept the previous decision. This usually will result in a brand new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the most time taking appeals route and typically takes between one and three years for an updated decision.
How much does an attorney charge?
A lawyer could charge a fee to assist you appeal a VA disability decision. But, current law prohibits lawyers from charging fees to assist with a claim. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. Typically, these fees will be directly derived from any lump-sum payment you receive from the VA.
Veterans can search the VA's database of accredited attorneys or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans or their dependents in a variety of issues including disability compensation and pension claims.
Most disability advocates for veterans are paid on an hourly basis. This means that they will only be paid if they prevail in the appeal of the client and receive back payments from the VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's past-due benefit amount.
In rare cases an attorney or agent may decide to charge on an an hourly basis. However, this is uncommon for two reasons. First, these situations tend to be time-consuming and can drag on for months or even years. Second, many veterans and their families are unable to afford to pay an hourly fee.
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