7 Tips To Make The Most Out Of Your Veterans Disability Case
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Veterans Disability Litigation
Ken counsels military veterans to help them obtain the disability compensation they deserve. Ken also represents his clients at VA Board of veterans disability attorney 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 what is VA Disability?
The amount of monthly monetary compensation paid to veterans with service-related disabilities is based on their disability rating. This rating is based upon the severity of an injury or illness and may range between 0% and 100% in increments of 10% (e.g. 20% 30, 30 percent, etc.). The compensation is free 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 prestabilization and hospitalization, automobile allowances, as well as hospitalization allowances. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits they can use to boost their lifetime earnings and be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
A majority of the conditions that qualify an individual for disability compensation are described in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. A seasoned veteran attorney can assist a client in obtaining this opinion and provide the evidence required to prove the claim of disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients get the disability benefits they are entitled to. We have handled a variety of disability cases and are well-versed with the intricacies of VA regulations and laws. Our firm was started by a disabled vet who made fighting for veterans rights a priority in his practice after successfully representing himself at a Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first locate the medical evidence to prove their impairment. This includes X-rays and doctor's reports as well as any other documentation related to the veteran's condition. The submission of these records to the VA is very important. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is the filing of an intent to file. This form allows the VA examine your claim even before you have the needed information and medical records. The form also keeps the date you can start receiving your compensation benefits in the event that you succeed in your claim.
When all the information is provided when all the information is in, the VA will schedule an appointment for you. The VA will schedule the exam depending on the amount of disabilities you have and the type you claim. Make sure you take this test, because in the event you fail to take it this could affect your claim.
The VA will send you a decision document after the tests have been completed. If the VA denies the claim, you'll have a year to request a more thorough review.
A lawyer can help in this situation. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be extremely frustrating. The VA has an appeals process to appeal these decisions. The first step is submitting an Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement, you should explain to the VA why you are not happy with their decision. You don't need to list every reason however, you must mention everything you disagree with.
You should also request your C file or claims file so that you can determine what evidence the VA used to arrive at their decision. There are usually documents that are not complete or have been deleted. This could lead to a mistake in the rating.
When you file your NOD you must choose whether you would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll be more likely to have success when you opt for a DRO review than with the BVA.
If you are subject to an DRO review you have the option of requesting an individual hearing with an experienced senior rating specialist. The DRO will conduct a review of your claim on an "de de novo" basis, meaning they do not give deference to the previous decision. This typically results in a completely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the time consuming appeals path and typically can take between one and three years to get a new decision.
How much does an attorney charge?
A lawyer can charge a fee to assist you appeal a VA disability decision. However, the law currently prohibits lawyers from charging fees to assist in the case. This is due to the fact that the fee is contingent upon the lawyer winning your case or receiving your benefits increased as a result of an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.
Veterans may be able locate accredited representatives using the VA's searchable database that lists licensed attorneys or Veterans Disability Law Firms claims agents. These people are accredited by the Department of Veterans Affairs and veterans disability law firms can represent service members, veterans disability lawsuit or dependents in a wide range of matters such as pension claims, disability compensation and claims.
Most veterans disability law firms' disability advocates are paid on an ad-hoc basis. This means that they only get paid if they succeed in winning the client's appeal and receive back payment from the VA. The amount of backpay awarded can vary but it could be as high as 20 percent of the claimant's past due benefits.
In rare instances an attorney or agent might choose to charge an hourly rate. However, this is uncommon due to two reasons. These matters can take months or years to resolve. In addition, many veterans and their families cannot afford to pay an hourly fee.
Ken counsels military veterans to help them obtain the disability compensation they deserve. Ken also represents his clients at VA Board of veterans disability attorney 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 what is VA Disability?
The amount of monthly monetary compensation paid to veterans with service-related disabilities is based on their disability rating. This rating is based upon the severity of an injury or illness and may range between 0% and 100% in increments of 10% (e.g. 20% 30, 30 percent, etc.). The compensation is free 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 prestabilization and hospitalization, automobile allowances, as well as hospitalization allowances. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits they can use to boost their lifetime earnings and be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
A majority of the conditions that qualify an individual for disability compensation are described in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. A seasoned veteran attorney can assist a client in obtaining this opinion and provide the evidence required to prove the claim of disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients get the disability benefits they are entitled to. We have handled a variety of disability cases and are well-versed with the intricacies of VA regulations and laws. Our firm was started by a disabled vet who made fighting for veterans rights a priority in his practice after successfully representing himself at a Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first locate the medical evidence to prove their impairment. This includes X-rays and doctor's reports as well as any other documentation related to the veteran's condition. The submission of these records to the VA is very important. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is the filing of an intent to file. This form allows the VA examine your claim even before you have the needed information and medical records. The form also keeps the date you can start receiving your compensation benefits in the event that you succeed in your claim.
When all the information is provided when all the information is in, the VA will schedule an appointment for you. The VA will schedule the exam depending on the amount of disabilities you have and the type you claim. Make sure you take this test, because in the event you fail to take it this could affect your claim.
The VA will send you a decision document after the tests have been completed. If the VA denies the claim, you'll have a year to request a more thorough review.
A lawyer can help in this situation. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be extremely frustrating. The VA has an appeals process to appeal these decisions. The first step is submitting an Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement, you should explain to the VA why you are not happy with their decision. You don't need to list every reason however, you must mention everything you disagree with.
You should also request your C file or claims file so that you can determine what evidence the VA used to arrive at their decision. There are usually documents that are not complete or have been deleted. This could lead to a mistake in the rating.
When you file your NOD you must choose whether you would like to have your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll be more likely to have success when you opt for a DRO review than with the BVA.
If you are subject to an DRO review you have the option of requesting an individual hearing with an experienced senior rating specialist. The DRO will conduct a review of your claim on an "de de novo" basis, meaning they do not give deference to the previous decision. This typically results in a completely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the time consuming appeals path and typically can take between one and three years to get a new decision.
How much does an attorney charge?
A lawyer can charge a fee to assist you appeal a VA disability decision. However, the law currently prohibits lawyers from charging fees to assist in the case. This is due to the fact that the fee is contingent upon the lawyer winning your case or receiving your benefits increased as a result of an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.
Veterans may be able locate accredited representatives using the VA's searchable database that lists licensed attorneys or Veterans Disability Law Firms claims agents. These people are accredited by the Department of Veterans Affairs and veterans disability law firms can represent service members, veterans disability lawsuit or dependents in a wide range of matters such as pension claims, disability compensation and claims.
Most veterans disability law firms' disability advocates are paid on an ad-hoc basis. This means that they only get paid if they succeed in winning the client's appeal and receive back payment from the VA. The amount of backpay awarded can vary but it could be as high as 20 percent of the claimant's past due benefits.
In rare instances an attorney or agent might choose to charge an hourly rate. However, this is uncommon due to two reasons. These matters can take months or years to resolve. In addition, many veterans and their families cannot afford to pay an hourly fee.
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