A Step-By-Step Guide For Choosing The Right Veterans Disability Case
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Veterans Disability Litigation
Ken assists veterans in navigating the system to help them get the disability compensation they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for years by discriminating against their disability claims according to a 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 compensation per month paid to veterans with service-related disabilities. The rating is determined by the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides a basic income for disabled veterans and their family.
The VA also offers other programs that offer additional compensation like individual unemployment, car 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, 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 extra credits are known as "credit for service."
Many of the conditions that allow a veteran for disability compensation are described in the Code of Federal Regulations. However, certain conditions require an expert's advice. An experienced veteran lawyer can assist a client 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 committed to ensuring that our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are well-versed in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself at an appeals hearing before the Board of veterans disability lawyer Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I make a claim?
The first step is to find the medical evidence that supports their disability. This includes any X-rays, doctor's reports or other documentation related to their health. It is crucial to provide these documents to the VA. If a veteran doesn't have these documents, the VA should be notified by the applicant (or their VSO).
The next step is to fill out an intent to file. This form lets the VA review your claim even before you have the needed information and medical records. This form also protects the date of effective compensation benefits in case you succeed in your claim.
The VA will schedule your medical exam when all information is received. The VA will set the date for the examination in accordance with the amount of disabilities you have and the type you claim. If you fail to attend this test, it could delay the process of submitting your claim.
The VA will send you a decision package after the examinations are completed. If the VA rejects your claim, you have one year from the date of the letter to request a more thorough review.
At this stage, a lawyer is able to help you. VA-accredited lawyers can now be involved in the appeals right from the beginning, which is a huge benefit for 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 submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA why you are not happy with their decision. It is not necessary to list every reason, but you should mention everything you disagree with.
It's also important to request your C-file (claims file) to see the evidence the VA used to make their decision. There are often incomplete or missing records. This can lead to a mistake in the rating.
If you file your NOD, you'll be asked to choose whether you would like your case to be reviewed by a 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 than when it's reviewed by the BVA.
You can request a private hearing with an expert in senior rating through an DRO review. The DRO will examine your claim "de de novo", meaning that they will not defer to the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the longest consuming appeals path and typically takes anywhere from one to three years for an updated decision.
How much can an attorney charge?
A lawyer can charge a fee for assisting you appeal a VA disability decision. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only due in the event that the lawyer wins your case or increases your benefits by filing an appeal. Typically these fees are directly derived from any lump-sum payment you receive from the VA.
Veterans can use the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of matters including disability compensation and pension claims.
Most veterans' disability advocates are paid on the basis of a contingent. This means that they are only paid if they win the client's appeal and are awarded back payments from the VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's total benefit award.
In rare instances, an agent or attorney may decide to charge on an per hour basis. This isn't often the case due to two reasons. These matters can take months or years to be resolved. In addition, many veterans and their families don't afford to pay an hourly rate.
Ken assists veterans in navigating the system to help them get the disability compensation they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for years by discriminating against their disability claims according to a 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 compensation per month paid to veterans with service-related disabilities. The rating is determined by the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides a basic income for disabled veterans and their family.
The VA also offers other programs that offer additional compensation like individual unemployment, car 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, 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 extra credits are known as "credit for service."
Many of the conditions that allow a veteran for disability compensation are described in the Code of Federal Regulations. However, certain conditions require an expert's advice. An experienced veteran lawyer can assist a client 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 committed to ensuring that our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are well-versed in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself at an appeals hearing before the Board of veterans disability lawyer Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I make a claim?
The first step is to find the medical evidence that supports their disability. This includes any X-rays, doctor's reports or other documentation related to their health. It is crucial to provide these documents to the VA. If a veteran doesn't have these documents, the VA should be notified by the applicant (or their VSO).
The next step is to fill out an intent to file. This form lets the VA review your claim even before you have the needed information and medical records. This form also protects the date of effective compensation benefits in case you succeed in your claim.
The VA will schedule your medical exam when all information is received. The VA will set the date for the examination in accordance with the amount of disabilities you have and the type you claim. If you fail to attend this test, it could delay the process of submitting your claim.
The VA will send you a decision package after the examinations are completed. If the VA rejects your claim, you have one year from the date of the letter to request a more thorough review.
At this stage, a lawyer is able to help you. VA-accredited lawyers can now be involved in the appeals right from the beginning, which is a huge benefit for 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 submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA why you are not happy with their decision. It is not necessary to list every reason, but you should mention everything you disagree with.
It's also important to request your C-file (claims file) to see the evidence the VA used to make their decision. There are often incomplete or missing records. This can lead to a mistake in the rating.
If you file your NOD, you'll be asked to choose whether you would like your case to be reviewed by a 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 than when it's reviewed by the BVA.
You can request a private hearing with an expert in senior rating through an DRO review. The DRO will examine your claim "de de novo", meaning that they will not defer to the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the longest consuming appeals path and typically takes anywhere from one to three years for an updated decision.
How much can an attorney charge?
A lawyer can charge a fee for assisting you appeal a VA disability decision. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only due in the event that the lawyer wins your case or increases your benefits by filing an appeal. Typically these fees are directly derived from any lump-sum payment you receive from the VA.
Veterans can use the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of matters including disability compensation and pension claims.
Most veterans' disability advocates are paid on the basis of a contingent. This means that they are only paid if they win the client's appeal and are awarded back payments from the VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's total benefit award.
In rare instances, an agent or attorney may decide to charge on an per hour basis. This isn't often the case due to two reasons. These matters can take months or years to be resolved. In addition, many veterans and their families don't afford to pay an hourly rate.
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