An Easy-To-Follow Guide To Choosing Your Veterans Disability Case
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veterans disability lawyer Disability Litigation
Ken assists veterans in obtaining the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by discriminating against their disability claims according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA disability?
The disability rating determines the amount of monthly compensation paid to veterans who have disabilities that are related to service. This rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in 10% increments (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides basic income to the disabled veteran and their families.
VA provides additional compensation through other programs, including individual unemployment, clothing allowances prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to basic disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans extra credits to increase their lifetime earnings for retirement or disability benefits. These extra credits are known as "credit for service."
Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. Certain of these conditions, however require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the evidence needed to support the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled hundreds of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who, after successfully representing himself in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.
How do I submit a claim?
First, veterans need to find the medical evidence that supports their condition. This could include X-rays, doctor's reports as well in any other documentation related to the condition of the veteran. Making these records available to the VA is vital. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).
The next step is a filing of an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. It also protects your effective date for compensation benefits if you win your case.
The VA will schedule your exam after all the details have been received. The VA will set the date for the examination depending on the number of disabilities and the type you are claiming. Make sure you take the exam, since in the event you fail to take it and fail to take it, it could hinder your claim.
The VA will send you a decision package when the examinations have been completed. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.
At this moment, a lawyer will assist you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a huge benefit to those seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a gruelling experience. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement you should state to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason however, you must mention all the points you disagree with.
You must also request a C-file, or claims file, to see the evidence that the VA used to reach their decision. In many cases there are gaps or insufficient records. In some cases, this can lead to an error in the rating decision.
If you submit your NOD you must choose whether you want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll be more likely to have success when you opt for a DRO review than with the BVA.
In the event of a DRO review, you have the option of requesting an individual hearing with a senior rating specialist. The DRO will examine your claim "de novo" which means that they will not accept the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process, and it could take up to three years to reach an appeal to be heard.
How much will a lawyer charge?
A lawyer could charge a fee to help you appeal a VA disability decision. However, current law 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 getting your benefits increased through an appeal. Typically, these fees will be paid out of the lump-sum payments that you receive from the VA.
veterans disability Law firms can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide spectrum of cases including disability compensation claims and pension claims.
The majority of veterans' disability advocates are paid on a contingency basis. They only get paid when they succeed in winning their client's appeal and they also receive back pay from VA. The amount of back pay that is granted varies, but could be as high as 20 percent of the claimant's total past-due benefit amount.
In rare instances an attorney or agent may decide to charge an the basis of an hourly rate. However, this is not the norm for two reasons. These matters can take months or years to be resolved. Additionally, many veterans and their families cannot afford to pay an hourly fee.
Ken assists veterans in obtaining the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by discriminating against their disability claims according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA disability?
The disability rating determines the amount of monthly compensation paid to veterans who have disabilities that are related to service. This rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in 10% increments (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides basic income to the disabled veteran and their families.
VA provides additional compensation through other programs, including individual unemployment, clothing allowances prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to basic disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans extra credits to increase their lifetime earnings for retirement or disability benefits. These extra credits are known as "credit for service."
Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. Certain of these conditions, however require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the evidence needed to support the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled hundreds of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who, after successfully representing himself in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.
How do I submit a claim?
First, veterans need to find the medical evidence that supports their condition. This could include X-rays, doctor's reports as well in any other documentation related to the condition of the veteran. Making these records available to the VA is vital. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).
The next step is a filing of an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. It also protects your effective date for compensation benefits if you win your case.
The VA will schedule your exam after all the details have been received. The VA will set the date for the examination depending on the number of disabilities and the type you are claiming. Make sure you take the exam, since in the event you fail to take it and fail to take it, it could hinder your claim.
The VA will send you a decision package when the examinations have been completed. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.
At this moment, a lawyer will assist you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a huge benefit to those seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a gruelling experience. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement you should state to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason however, you must mention all the points you disagree with.
You must also request a C-file, or claims file, to see the evidence that the VA used to reach their decision. In many cases there are gaps or insufficient records. In some cases, this can lead to an error in the rating decision.
If you submit your NOD you must choose whether you want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll be more likely to have success when you opt for a DRO review than with the BVA.
In the event of a DRO review, you have the option of requesting an individual hearing with a senior rating specialist. The DRO will examine your claim "de novo" which means that they will not accept the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process, and it could take up to three years to reach an appeal to be heard.
How much will a lawyer charge?
A lawyer could charge a fee to help you appeal a VA disability decision. However, current law 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 getting your benefits increased through an appeal. Typically, these fees will be paid out of the lump-sum payments that you receive from the VA.
veterans disability Law firms can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide spectrum of cases including disability compensation claims and pension claims.
The majority of veterans' disability advocates are paid on a contingency basis. They only get paid when they succeed in winning their client's appeal and they also receive back pay from VA. The amount of back pay that is granted varies, but could be as high as 20 percent of the claimant's total past-due benefit amount.
In rare instances an attorney or agent may decide to charge an the basis of an hourly rate. However, this is not the norm for two reasons. These matters can take months or years to be resolved. Additionally, many veterans and their families cannot afford to pay an hourly fee.
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