Veterans Disability Case Tools To Streamline Your Everyday Lifethe Onl…
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Veterans Disability Litigation
Ken assists veterans in obtaining the disability benefits they deserve. He also represents 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, disproportionately refusing their disability claims.
What is an VA disability?
The amount of monthly monetary compensation paid to veterans with service-related disabilities is based on their disability rating. The rating is determined by the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.
The VA also has other programs that provide additional compensation such as individual unemployment, auto allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the basic disability compensation.
In addition to these benefit programs, in addition, the Social Security Administration gives military veterans disability lawsuit special credit to boost their retirement or disability benefits. These additional credits are known as "credit for service."
A majority of the conditions that qualify a veteran for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions, however require an expert's opinion. A seasoned veteran attorney can assist a client obtain this opinion and provide the evidence required to support the claim of disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients get the disability benefits that they deserve. We have handled thousands disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was started by a disabled vet who made fighting for veterans rights a major part of his practice after successfully representing himself at an appeal to the Board of veterans disability lawyer Appeals hearing.
How do I make a claim?
Veterans must first locate the medical evidence supporting their disability. This includes any X-rays, doctor's reports, or other documents regarding their health. It is essential to submit these documents to the VA. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).
The next step is to file an intent to file. This is a form that allows the VA to review your claim, even before you have all the information and medical records you require. The form also keeps the date of effective compensation benefits if you are successful in your case.
The VA will schedule your exam when all details have been received. This will be dependent on the type and number of disabilities you are claiming. In the event that you do not attend this exam, it could delay the processing of your claim.
The VA will send you a decision-making package after the examinations are completed. If the VA refuses to accept the claim you have a year to request a more thorough review.
A lawyer can help at this point. Lawyers who are accredited by VA can now be involved in appeals right from the beginning, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
The denial of benefits for disability suffered by veterans can be a source of frustration. Thankfully the VA has an appeals procedure for these decisions. The first step is to submit a Notice to 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. You don't have to list every reason, but you must list all the points you don't agree with.
You should also request your C-file or claims file so that you can see what evidence the VA used to reach their decision. There are often incomplete or missing records. This could lead to an error in the rating.
If you submit your NOD you must decide whether you would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll be more likely to have success with a DRO review than with the BVA.
You can request a private hearing with a senior rating expert through an DRO review. The DRO will conduct the review of your claim on a "de novo" basis, which means that they do not give deference to the previous decision. This typically results in a completely new Rating Decision. Alternatively, you can 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 receive an updated decision.
How much does a lawyer charge?
A lawyer may charge a fee for assisting you appeal a VA disability decision. The current law does not allow lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee must be dependent on the lawyer winning your case or getting your benefits increased by an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.
Veterans can use the VA's database of accredited attorneys or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors on a range of issues including pension and disability compensation claims.
The majority of veterans' disability advocates are paid on the basis of a contingent. This means that they are only paid if they are successful in winning the client's appeal and are awarded back payments from the VA. The amount of back pay that is given varies, but it can be as much as 20 percent of the claimant's past-due benefit award.
In rare cases, an agent or attorney might decide to charge on an the hourly basis. However, this is not the norm for two reasons. These issues could take months or even years to resolve. In addition, many veterans and veterans disability their families cannot afford to pay an hourly rate.
Ken assists veterans in obtaining the disability benefits they deserve. He also represents 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, disproportionately refusing their disability claims.
What is an VA disability?
The amount of monthly monetary compensation paid to veterans with service-related disabilities is based on their disability rating. The rating is determined by the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.
The VA also has other programs that provide additional compensation such as individual unemployment, auto allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the basic disability compensation.
In addition to these benefit programs, in addition, the Social Security Administration gives military veterans disability lawsuit special credit to boost their retirement or disability benefits. These additional credits are known as "credit for service."
A majority of the conditions that qualify a veteran for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions, however require an expert's opinion. A seasoned veteran attorney can assist a client obtain this opinion and provide the evidence required to support the claim of disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients get the disability benefits that they deserve. We have handled thousands disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was started by a disabled vet who made fighting for veterans rights a major part of his practice after successfully representing himself at an appeal to the Board of veterans disability lawyer Appeals hearing.
How do I make a claim?
Veterans must first locate the medical evidence supporting their disability. This includes any X-rays, doctor's reports, or other documents regarding their health. It is essential to submit these documents to the VA. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).
The next step is to file an intent to file. This is a form that allows the VA to review your claim, even before you have all the information and medical records you require. The form also keeps the date of effective compensation benefits if you are successful in your case.
The VA will schedule your exam when all details have been received. This will be dependent on the type and number of disabilities you are claiming. In the event that you do not attend this exam, it could delay the processing of your claim.
The VA will send you a decision-making package after the examinations are completed. If the VA refuses to accept the claim you have a year to request a more thorough review.
A lawyer can help at this point. Lawyers who are accredited by VA can now be involved in appeals right from the beginning, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
The denial of benefits for disability suffered by veterans can be a source of frustration. Thankfully the VA has an appeals procedure for these decisions. The first step is to submit a Notice to 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. You don't have to list every reason, but you must list all the points you don't agree with.
You should also request your C-file or claims file so that you can see what evidence the VA used to reach their decision. There are often incomplete or missing records. This could lead to an error in the rating.
If you submit your NOD you must decide whether you would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll be more likely to have success with a DRO review than with the BVA.
You can request a private hearing with a senior rating expert through an DRO review. The DRO will conduct the review of your claim on a "de novo" basis, which means that they do not give deference to the previous decision. This typically results in a completely new Rating Decision. Alternatively, you can 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 receive an updated decision.
How much does a lawyer charge?
A lawyer may charge a fee for assisting you appeal a VA disability decision. The current law does not allow lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee must be dependent on the lawyer winning your case or getting your benefits increased by an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.
Veterans can use the VA's database of accredited attorneys or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors on a range of issues including pension and disability compensation claims.
The majority of veterans' disability advocates are paid on the basis of a contingent. This means that they are only paid if they are successful in winning the client's appeal and are awarded back payments from the VA. The amount of back pay that is given varies, but it can be as much as 20 percent of the claimant's past-due benefit award.
In rare cases, an agent or attorney might decide to charge on an the hourly basis. However, this is not the norm for two reasons. These issues could take months or even years to resolve. In addition, many veterans and veterans disability their families cannot afford to pay an hourly rate.
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