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Veterans Disability Litigation
Ken counsels military veterans to assist them in getting the disability benefits they deserve. Ken also represents 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 an VA Disability?
The amount of monetary compensation per month given to veterans with disabilities resulting from service is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The amount is devoid of tax and provides a minimum income to the disabled veteran and his family.
VA offers additional compensation through other programs, including individual unemployment allowances for clothing as well as prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the regular disability compensation.
The Social Security Administration also gives veterans special credit that they can use to increase their earnings over time to qualify for retirement or disability benefits. These extra credits are known as "credit for service."
A majority of the conditions that make disabled veterans for disability benefits are listed in the Code of Federal Regulations. However, some of these conditions require an expert's advice. An experienced lawyer can help a customer obtain this opinion and provide the necessary evidence 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 that they deserve. We have handled thousands disability cases and are familiar with the intricacies of VA rules and regulations. Our firm was started by a disabled vet who made fighting for veterans rights a priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.
How do I file a claim?
Veterans must first find the medical evidence of their impairment. This could include X-rays, doctor's notes, as well in any other documentation related to the condition of the veteran. It is important to provide these records to VA. If a veteran doesn't have these documents and the VA should be notified by the claimant (or their VSO).
The next step is a filing of an intention to file. This form lets the VA to review your claim before you have all the required information and medical records. It also preserves your effective date for receiving compensation in the event that you win your case.
The VA will schedule your medical exam when all information has been received. It will depend on the amount and type of disability you claim. If you fail to attend this test, it could delay the process of submitting your claim.
Once the examinations are complete after which the VA will examine the evidence and send you a decision packet. If the VA denies your claim, you have one year from the date of the letter to request a higher-level review.
At this point, a lawyer can assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a huge benefit to people seeking disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans can be frustrating. 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 that sent you the decision on Rating. In your Notice Of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason, but you should mention all the aspects you don't agree with.
You must also request a C-file, or claims file, to see what evidence the VA used to make their decision. Most of the time there are no or insufficient records. In certain cases this could result in an error in the rating decision.
When you submit your NOD you must decide whether you want to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when you opt for the DRO review DRO review than with the BVA.
You can request a private hearing with an expert in senior ratings through an DRO review. The DRO will examine your claim "de de novo" which means that they will not be influenced by the previous decision. This typically will result in a brand new Rating Decision. You can also have the BVA in Washington review your claim. This is the time demanding appeals process and usually can take between one and three years for a new decision.
How much will a lawyer charge?
Lawyers can charge a fee for helping appeal a VA decision regarding an appeal for disability. The law in place today does not allow lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee has to be contingent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically, these fees will be paid out of the lump-sum payments that you receive from the VA.
veterans disability lawsuits can find accredited representatives through the VA's searchable database that lists licensed attorneys or claims agents. These people have been accredited by the Department of veterans disability Law Firms Affairs to represent service members, veterans disability law firm and their dependents as well as survivors in a variety of issues such as disability compensation and pension claims.
Most veterans' disability advocates are paid on an ad-hoc basis. They only get paid when they are successful in defending their client's case, and they are also paid back from VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total past due benefit amount.
In rare cases attorneys or agents may choose to charge on the basis of an hourly rate. This is rare for two reasons. First, these cases can be time-consuming and can go on for months or even years. The second reason is that many veterans and their families don't afford to pay an hourly fee.
Ken counsels military veterans to assist them in getting the disability benefits they deserve. Ken also represents 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 an VA Disability?
The amount of monetary compensation per month given to veterans with disabilities resulting from service is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The amount is devoid of tax and provides a minimum income to the disabled veteran and his family.
VA offers additional compensation through other programs, including individual unemployment allowances for clothing as well as prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the regular disability compensation.
The Social Security Administration also gives veterans special credit that they can use to increase their earnings over time to qualify for retirement or disability benefits. These extra credits are known as "credit for service."
A majority of the conditions that make disabled veterans for disability benefits are listed in the Code of Federal Regulations. However, some of these conditions require an expert's advice. An experienced lawyer can help a customer obtain this opinion and provide the necessary evidence 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 that they deserve. We have handled thousands disability cases and are familiar with the intricacies of VA rules and regulations. Our firm was started by a disabled vet who made fighting for veterans rights a priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.
How do I file a claim?
Veterans must first find the medical evidence of their impairment. This could include X-rays, doctor's notes, as well in any other documentation related to the condition of the veteran. It is important to provide these records to VA. If a veteran doesn't have these documents and the VA should be notified by the claimant (or their VSO).
The next step is a filing of an intention to file. This form lets the VA to review your claim before you have all the required information and medical records. It also preserves your effective date for receiving compensation in the event that you win your case.
The VA will schedule your medical exam when all information has been received. It will depend on the amount and type of disability you claim. If you fail to attend this test, it could delay the process of submitting your claim.
Once the examinations are complete after which the VA will examine the evidence and send you a decision packet. If the VA denies your claim, you have one year from the date of the letter to request a higher-level review.
At this point, a lawyer can assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a huge benefit to people seeking disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans can be frustrating. 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 that sent you the decision on Rating. In your Notice Of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason, but you should mention all the aspects you don't agree with.
You must also request a C-file, or claims file, to see what evidence the VA used to make their decision. Most of the time there are no or insufficient records. In certain cases this could result in an error in the rating decision.
When you submit your NOD you must decide whether you want to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when you opt for the DRO review DRO review than with the BVA.
You can request a private hearing with an expert in senior ratings through an DRO review. The DRO will examine your claim "de de novo" which means that they will not be influenced by the previous decision. This typically will result in a brand new Rating Decision. You can also have the BVA in Washington review your claim. This is the time demanding appeals process and usually can take between one and three years for a new decision.
How much will a lawyer charge?
Lawyers can charge a fee for helping appeal a VA decision regarding an appeal for disability. The law in place today does not allow lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee has to be contingent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically, these fees will be paid out of the lump-sum payments that you receive from the VA.
veterans disability lawsuits can find accredited representatives through the VA's searchable database that lists licensed attorneys or claims agents. These people have been accredited by the Department of veterans disability Law Firms Affairs to represent service members, veterans disability law firm and their dependents as well as survivors in a variety of issues such as disability compensation and pension claims.
Most veterans' disability advocates are paid on an ad-hoc basis. They only get paid when they are successful in defending their client's case, and they are also paid back from VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total past due benefit amount.
In rare cases attorneys or agents may choose to charge on the basis of an hourly rate. This is rare for two reasons. First, these cases can be time-consuming and can go on for months or even years. The second reason is that many veterans and their families don't afford to pay an hourly fee.
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