Veterans Disability Case Tools To Ease Your Daily Lifethe One Veterans…
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Veterans Disability Litigation
Ken counsels veterans of the military to assist them in obtaining the disability compensation they are entitled to. He is also a lawyer for his clients at 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 by disproportionately denying their disability claims.
What is an VA Disability?
The amount of monthly monetary compensation that veterans receive for disabilities resulting from service is based on their disability rating. The rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their family.
The VA also has other programs that provide additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans disability special credit to boost their retirement or disability benefits. These credits are also referred to as "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. An experienced veteran lawyer can assist a client to obtain this opinion and present the evidence required to support the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients get the disability benefits that they are entitled to. We have handled hundreds of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights a priority for his practice.
How do I submit a claim?
The first step is to find the medical evidence supporting their condition. This includes any X-rays, doctor's reports or other documentation related to their medical condition. Making these records available to the VA is very important. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to file an intent to file. This form allows the VA review your claim even before you have the necessary information and medical records. This form also ensures the date on which you will receive your compensation benefits in the event that you are successful in your case.
The VA will schedule your examination once all of the information has been received. This will be dependent on the number and type of disabilities you are claiming. Don't miss this exam because it could delay the processing of your claim.
Once the examinations are complete Once the examinations are complete, after the examinations are completed, VA will examine the evidence and send you a decision packet. If the VA decides to deny the claim, you'll have one year to request a more thorough review.
At this stage, a lawyer is able to assist you. VA-accredited lawyers can now be involved in appeals from the beginning, which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
The denial of disability benefits for veterans can be frustrating. The VA provides an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. It is not necessary to list all of the reasons but you should list everything you disagree with.
It is also essential to request your C-file (claims file) to see the evidence that the VA used in making their decision. In many cases there are no or incomplete records. This could lead to a mistake in the rating.
After you have submitted your NOD, the applicant will be asked to select whether you want your case reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.
You can request a personal hearing with a senior rating expert through an DRO review. The DRO will conduct the review of your claim on an "de novo" basis, meaning they don't give deference the previous decision. This usually results in a new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the most time lengthy appeals procedure and typically takes anywhere from one to three years to obtain an updated decision.
What is the cost an attorney could charge?
A lawyer may charge a fee to help you appeal a VA disability decision. The law currently does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only due when the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.
Veterans may be able find accredited representatives via the VA's searchable database of certified attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors in a variety of matters such as disability compensation and pension claims.
Most disability advocates for veterans are paid on an ad-hoc basis. They only receive compensation when they are successful in defending their client's case, and they receive back pay from VA. The amount of backpay awarded can vary, but it can be as high as 20 percent of a claimant's past-due benefits.
In rare instances, an agent or attorney may decide to charge an per hour basis. However, this is not the norm due to two reasons. These matters could take months or even years to be resolved. Second, many veterans and their families are unable to afford an hourly fee.
Ken counsels veterans of the military to assist them in obtaining the disability compensation they are entitled to. He is also a lawyer for his clients at 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 by disproportionately denying their disability claims.
What is an VA Disability?
The amount of monthly monetary compensation that veterans receive for disabilities resulting from service is based on their disability rating. The rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their family.
The VA also has other programs that provide additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans disability special credit to boost their retirement or disability benefits. These credits are also referred to as "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. An experienced veteran lawyer can assist a client to obtain this opinion and present the evidence required to support the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients get the disability benefits that they are entitled to. We have handled hundreds of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights a priority for his practice.
How do I submit a claim?
The first step is to find the medical evidence supporting their condition. This includes any X-rays, doctor's reports or other documentation related to their medical condition. Making these records available to the VA is very important. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to file an intent to file. This form allows the VA review your claim even before you have the necessary information and medical records. This form also ensures the date on which you will receive your compensation benefits in the event that you are successful in your case.
The VA will schedule your examination once all of the information has been received. This will be dependent on the number and type of disabilities you are claiming. Don't miss this exam because it could delay the processing of your claim.
Once the examinations are complete Once the examinations are complete, after the examinations are completed, VA will examine the evidence and send you a decision packet. If the VA decides to deny the claim, you'll have one year to request a more thorough review.
At this stage, a lawyer is able to assist you. VA-accredited lawyers can now be involved in appeals from the beginning, which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
The denial of disability benefits for veterans can be frustrating. The VA provides an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. It is not necessary to list all of the reasons but you should list everything you disagree with.
It is also essential to request your C-file (claims file) to see the evidence that the VA used in making their decision. In many cases there are no or incomplete records. This could lead to a mistake in the rating.
After you have submitted your NOD, the applicant will be asked to select whether you want your case reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.
You can request a personal hearing with a senior rating expert through an DRO review. The DRO will conduct the review of your claim on an "de novo" basis, meaning they don't give deference the previous decision. This usually results in a new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the most time lengthy appeals procedure and typically takes anywhere from one to three years to obtain an updated decision.
What is the cost an attorney could charge?
A lawyer may charge a fee to help you appeal a VA disability decision. The law currently does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only due when the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.
Veterans may be able find accredited representatives via the VA's searchable database of certified attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors in a variety of matters such as disability compensation and pension claims.
Most disability advocates for veterans are paid on an ad-hoc basis. They only receive compensation when they are successful in defending their client's case, and they receive back pay from VA. The amount of backpay awarded can vary, but it can be as high as 20 percent of a claimant's past-due benefits.
In rare instances, an agent or attorney may decide to charge an per hour basis. However, this is not the norm due to two reasons. These matters could take months or even years to be resolved. Second, many veterans and their families are unable to afford an hourly fee.