5 Veterans Disability Case Tips From The Professionals
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Veterans Disability Litigation
Ken counsels military veterans to assist them in obtaining the disability benefits they deserve. Ken 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 denial of their disability claims.
What is an VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans who have service-connected disabilities. The rating is determined by the severity of the illness or injury and can be as low as 0% and up to 100% in 10% increments (e.g., 20%, 30% etc). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.
VA offers additional compensation through other programs, including individual unemployment, clothing allowances as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military Veterans Disability Law Firms special credits to boost their lifetime earnings for retirement or disability benefits. These extra credits are called "credit for service."
A majority of the conditions that qualify disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. However, a few of these conditions require an expert opinion. A veteran lawyer with experience can assist a customer in obtaining this opinion, and provide the evidence needed to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to helping our clients receive the disability benefits that they deserve. We have handled hundreds of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself at a Board of Veterans Appeals Hearing, made veterans' rights an integral part of his practice.
How do I file a claim?
Veterans must first gather the medical evidence that proves their disability. This includes X-rays or doctor's notes, as well with any other documentation that is related to the condition of the veteran. It is important to provide these documents to the VA. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intention to file. This is a form that permits the VA to review your claim before you have all the medical records you need. It also keeps your date of eligibility for compensation benefits if you win your case.
The VA will schedule your exam when all details have been received. The VA will schedule an examination depending on the amount of disabilities you have and the type of disability you're claiming. Make sure you attend this exam, as If you don't this could affect your claim.
The VA will send you a decision document when the examinations have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a higher-level review.
At this stage, a lawyer is able to assist you. VA-accredited lawyers are now involved in the appeals from the beginning, 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 gruelling experience. The VA offers an appeals procedure for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you should list all the points you disagree with.
It is also essential to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are often incomplete or missing data. This could lead to a mistake in the rating.
When you file your NOD you must decide whether you would like to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you will have a greater chance of success with a DRO review than with the BVA.
You can request a personal hearing with an expert in senior ratings through an DRO review. The DRO will conduct a review of your claim on an "de novo" basis, meaning they don't give deference the previous decision. This typically results in a new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest appeals procedure and can take approximately three years to get an update on the decision.
How much can an attorney charge?
A lawyer may charge a fee for helping you appeal an VA disability decision. The law as it stands today does not allow lawyers to charge for assistance with a claim in the beginning. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. Typically these fees are paid directly out of any lump-sum payments you get from the VA.
Veterans may be able to find accredited representatives via the VA's searchable database that lists accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans disability law firms, service members or dependents in a vast variety of cases including pension and disability compensation claims.
The majority of veterans' disability advocates are paid on the basis of a contingent. They only receive compensation when they prevail in their client's appeal and they receive back pay from VA. The amount of backpay awarded can vary however it could be as high as 20 percent of the claimant's past due benefits.
In rare instances attorneys or agents might decide to charge on an an hourly basis. This is uncommon due to two reasons. These issues could take months or even years to be resolved. In addition, many veterans disability law firm and their families cannot afford to pay an hourly rate.
Ken counsels military veterans to assist them in obtaining the disability benefits they deserve. Ken 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 denial of their disability claims.
What is an VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans who have service-connected disabilities. The rating is determined by the severity of the illness or injury and can be as low as 0% and up to 100% in 10% increments (e.g., 20%, 30% etc). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.
VA offers additional compensation through other programs, including individual unemployment, clothing allowances as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military Veterans Disability Law Firms special credits to boost their lifetime earnings for retirement or disability benefits. These extra credits are called "credit for service."
A majority of the conditions that qualify disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. However, a few of these conditions require an expert opinion. A veteran lawyer with experience can assist a customer in obtaining this opinion, and provide the evidence needed to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to helping our clients receive the disability benefits that they deserve. We have handled hundreds of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself at a Board of Veterans Appeals Hearing, made veterans' rights an integral part of his practice.
How do I file a claim?
Veterans must first gather the medical evidence that proves their disability. This includes X-rays or doctor's notes, as well with any other documentation that is related to the condition of the veteran. It is important to provide these documents to the VA. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intention to file. This is a form that permits the VA to review your claim before you have all the medical records you need. It also keeps your date of eligibility for compensation benefits if you win your case.
The VA will schedule your exam when all details have been received. The VA will schedule an examination depending on the amount of disabilities you have and the type of disability you're claiming. Make sure you attend this exam, as If you don't this could affect your claim.
The VA will send you a decision document when the examinations have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a higher-level review.
At this stage, a lawyer is able to assist you. VA-accredited lawyers are now involved in the appeals from the beginning, 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 gruelling experience. The VA offers an appeals procedure for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you should list all the points you disagree with.
It is also essential to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are often incomplete or missing data. This could lead to a mistake in the rating.
When you file your NOD you must decide whether you would like to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you will have a greater chance of success with a DRO review than with the BVA.
You can request a personal hearing with an expert in senior ratings through an DRO review. The DRO will conduct a review of your claim on an "de novo" basis, meaning they don't give deference the previous decision. This typically results in a new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest appeals procedure and can take approximately three years to get an update on the decision.
How much can an attorney charge?
A lawyer may charge a fee for helping you appeal an VA disability decision. The law as it stands today does not allow lawyers to charge for assistance with a claim in the beginning. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. Typically these fees are paid directly out of any lump-sum payments you get from the VA.
Veterans may be able to find accredited representatives via the VA's searchable database that lists accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans disability law firms, service members or dependents in a vast variety of cases including pension and disability compensation claims.
The majority of veterans' disability advocates are paid on the basis of a contingent. They only receive compensation when they prevail in their client's appeal and they receive back pay from VA. The amount of backpay awarded can vary however it could be as high as 20 percent of the claimant's past due benefits.
In rare instances attorneys or agents might decide to charge on an an hourly basis. This is uncommon due to two reasons. These issues could take months or even years to be resolved. In addition, many veterans disability law firm and their families cannot afford to pay an hourly rate.