10 Veterans Disability Case Projects Related To Veterans Disability Ca…
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veterans disability lawyers Disability Litigation
Ken counsels military veterans to assist them in obtaining the disability compensation they are entitled to. He assists his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, rejecting their disability claims in adisproportionate way in an action filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA disability?
The disability rating determines the amount of monthly payments to veterans with service-related disabilities. This rating is based upon the severity of the injury or illness and can be as low as 0% and up to 100% in 10% increments (e.g., 20%, 30% etc). The compensation is tax-free and provides basic income to the disabled veteran and their family.
VA offers additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans a special credit they can use to boost their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are called "credit for service."
Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Some of these conditions, however require the opinion of an expert. A seasoned veteran attorney can assist a client obtain this opinion, and supply the evidence needed to support an claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients to receive the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after securing his own representation at a Board of Veterans Appeals Hearing in 1996, decided to make Veterans disability law firms' rights a priority for his practice.
How do I submit a claim?
First, veterans need to look up the medical evidence that supports their condition. This includes X-rays or doctor's reports, as well as any other documentation related to the veteran's condition. It is essential to submit these records to VA. If a veteran doesn't have these documents then the VA must be informed by the claimant (or their VSO).
The next step is to fill out an intent to file. This form permits the VA to begin reviewing your claim before you have all the information and medical records that you require. This form also preserves the date you can start receiving your compensation benefits in case you succeed in your claim.
The VA will schedule your examination after all the required details have been received. The VA will set the date for the examination based on the amount of disabilities you have and the type of disability you're claiming. Don't miss this exam because it could delay the process of your claim.
The VA will send you a decision-making package when the examinations have been completed. If the VA denies the claim, you have a year to request a higher level review.
At this moment, a lawyer could assist you. VA-accredited lawyers can now 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. The VA offers an appeals procedure to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disparage, you must inform the VA the reason you don't like their decision. You don't need to list every reason, but you must be clear about the issues you disagree with.
You should also request your C file, or claims file, so that you can see what evidence the VA used to make their decision. Most of the time there are no or incomplete records. In some cases this could result in an error in the rating decision.
After you have submitted your NOD, the applicant will be asked to choose whether you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a greater chance of success with a DRO review than with the BVA.
With an DRO review, you have the option of asking for a personal hearing before an experienced senior rating specialist. The DRO will conduct an investigation of your claim on a "de de novo" basis, which means they do not give deference to the previous decision. This typically results in a completely new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the most lengthy appeals process and it can take up to three years for a new decision.
How much can an attorney charge?
A lawyer can charge a fee for assisting you appeal an VA disability decision. The law currently does not permit lawyers to charge fees for Veterans Disability law firms initial assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.
Veterans may find accredited representatives through the VA's searchable database of accredited attorneys or claims agents. These individuals have been approved by the Department of veterans disability lawyers Affairs to represent veterans, service members, dependents, or survivors in a variety of issues including disability compensation and pension claims.
Most veterans' disability advocates work on a contingency basis. This means that they only get paid if they are successful in winning the client's appeal and receive back payments from the VA. The amount of backpay that is awarded can vary, but it can be as high as 20 percent of a claimant's past-due benefits.
In rare cases an attorney or agent might decide to charge on an an hourly basis. This is not common due to two reasons. These issues can take months or even years to resolve. The second reason is that many veterans and their families are unable to afford an hourly rate.
Ken counsels military veterans to assist them in obtaining the disability compensation they are entitled to. He assists his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, rejecting their disability claims in adisproportionate way in an action filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA disability?
The disability rating determines the amount of monthly payments to veterans with service-related disabilities. This rating is based upon the severity of the injury or illness and can be as low as 0% and up to 100% in 10% increments (e.g., 20%, 30% etc). The compensation is tax-free and provides basic income to the disabled veteran and their family.
VA offers additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans a special credit they can use to boost their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are called "credit for service."
Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Some of these conditions, however require the opinion of an expert. A seasoned veteran attorney can assist a client obtain this opinion, and supply the evidence needed to support an claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients to receive the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after securing his own representation at a Board of Veterans Appeals Hearing in 1996, decided to make Veterans disability law firms' rights a priority for his practice.
How do I submit a claim?
First, veterans need to look up the medical evidence that supports their condition. This includes X-rays or doctor's reports, as well as any other documentation related to the veteran's condition. It is essential to submit these records to VA. If a veteran doesn't have these documents then the VA must be informed by the claimant (or their VSO).
The next step is to fill out an intent to file. This form permits the VA to begin reviewing your claim before you have all the information and medical records that you require. This form also preserves the date you can start receiving your compensation benefits in case you succeed in your claim.
The VA will schedule your examination after all the required details have been received. The VA will set the date for the examination based on the amount of disabilities you have and the type of disability you're claiming. Don't miss this exam because it could delay the process of your claim.
The VA will send you a decision-making package when the examinations have been completed. If the VA denies the claim, you have a year to request a higher level review.
At this moment, a lawyer could assist you. VA-accredited lawyers can now 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. The VA offers an appeals procedure to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disparage, you must inform the VA the reason you don't like their decision. You don't need to list every reason, but you must be clear about the issues you disagree with.
You should also request your C file, or claims file, so that you can see what evidence the VA used to make their decision. Most of the time there are no or incomplete records. In some cases this could result in an error in the rating decision.
After you have submitted your NOD, the applicant will be asked to choose whether you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a greater chance of success with a DRO review than with the BVA.
With an DRO review, you have the option of asking for a personal hearing before an experienced senior rating specialist. The DRO will conduct an investigation of your claim on a "de de novo" basis, which means they do not give deference to the previous decision. This typically results in a completely new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the most lengthy appeals process and it can take up to three years for a new decision.
How much can an attorney charge?
A lawyer can charge a fee for assisting you appeal an VA disability decision. The law currently does not permit lawyers to charge fees for Veterans Disability law firms initial assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.
Veterans may find accredited representatives through the VA's searchable database of accredited attorneys or claims agents. These individuals have been approved by the Department of veterans disability lawyers Affairs to represent veterans, service members, dependents, or survivors in a variety of issues including disability compensation and pension claims.
Most veterans' disability advocates work on a contingency basis. This means that they only get paid if they are successful in winning the client's appeal and receive back payments from the VA. The amount of backpay that is awarded can vary, but it can be as high as 20 percent of a claimant's past-due benefits.
In rare cases an attorney or agent might decide to charge on an an hourly basis. This is not common due to two reasons. These issues can take months or even years to resolve. The second reason is that many veterans and their families are unable to afford an hourly rate.
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