Veterans Disability Case Tools To Improve Your Everyday Lifethe Only V…
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Veterans Disability Litigation
Ken counsels military veterans to help them get the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims in the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA disability?
The amount of monthly monetary compensation provided to veterans suffering from service connected disabilities is based on their disability rating. The rating is determined by the severity of the injury or illness and can be as low as 0% and up to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their family.
The VA also offers other programs that offer additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. 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 earnings over the course of their lives for retirement or disability benefits. These extra credits are known as "credit for service."
A majority of the conditions that make a veteran for disability compensation are listed in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. An experienced lawyer can assist a client to obtain this opinion and provide the evidence needed to prove a claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability 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 well-versed in the complex nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans' rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.
How do I submit a claim?
The first step is to look up the medical evidence to prove their disability. This includes X-rays, doctor's reports or any other documentation regarding their medical condition. It is important to provide these records to 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 to submit an intent to file. This is a form that permits the VA to begin reviewing your claim, even before you have all the information and medical records you require. It also keeps your effective date for compensation benefits should you prevail in your case.
The VA will schedule your examination when all information has been received. This will be dependent on the quantity and type of disability you claim. Be sure to take the exam, since in the event you fail to take it the exam could delay your claim.
After the examinations have been completed, the VA will examine the evidence and then send you a decision packet. If the VA denies your claim, you have one year from the date of the letter to request a higher-level review.
A lawyer can assist you in this situation. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a huge benefit to those who seek disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a very frustrating experience. Thankfully, the VA has an appeals process for disability these decisions. The first step is submitting the Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disagreement you should state to the VA why you are not happy with their decision. You don't have to list every reason but you should list everything that you disagree on.
It's also crucial to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. Often times there are missing or incomplete records. This can lead to a mistake in the rating.
If you submit your NOD you must choose whether you want to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success when you opt for the DRO review DRO review than with the BVA.
With a DRO review you have the option of requesting a personal hearing before an experienced senior disability rating specialist. The DRO will examine your claim "de de novo" which means they will not be influenced by the previous decision. This typically results in the issue of a new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest taking appeals route and typically takes anywhere from one to three years for a new decision.
What is the average cost a lawyer can charge?
Lawyers can charge a fee if you appeal an VA decision on a disability claim. However, current law prevents lawyers from charging fees to assist in the case. This is because the fee has to be contingent upon the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically the fees are paid directly from any lump-sum payments you get from the VA.
Veterans may be able to find accredited representatives through the VA's searchable database for licensed attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a variety of matters including disability compensation and pension claims.
Most veterans disability attorneys' disability advocates are paid on a contingency basis. They only receive compensation when they succeed in winning their client's appeal and they also receive back pay from VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total benefit award.
In rare instances, an agent or lawyer could decide to charge an hourly rate. This is rare for two reasons. First, these situations are often time consuming and can take months or even years. In addition, the majority of veterans and their families cannot afford to pay for these services on an hourly basis.
Ken counsels military veterans to help them get the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims in the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA disability?
The amount of monthly monetary compensation provided to veterans suffering from service connected disabilities is based on their disability rating. The rating is determined by the severity of the injury or illness and can be as low as 0% and up to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their family.
The VA also offers other programs that offer additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. 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 earnings over the course of their lives for retirement or disability benefits. These extra credits are known as "credit for service."
A majority of the conditions that make a veteran for disability compensation are listed in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. An experienced lawyer can assist a client to obtain this opinion and provide the evidence needed to prove a claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability 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 well-versed in the complex nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans' rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.
How do I submit a claim?
The first step is to look up the medical evidence to prove their disability. This includes X-rays, doctor's reports or any other documentation regarding their medical condition. It is important to provide these records to 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 to submit an intent to file. This is a form that permits the VA to begin reviewing your claim, even before you have all the information and medical records you require. It also keeps your effective date for compensation benefits should you prevail in your case.
The VA will schedule your examination when all information has been received. This will be dependent on the quantity and type of disability you claim. Be sure to take the exam, since in the event you fail to take it the exam could delay your claim.
After the examinations have been completed, the VA will examine the evidence and then send you a decision packet. If the VA denies your claim, you have one year from the date of the letter to request a higher-level review.
A lawyer can assist you in this situation. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a huge benefit to those who seek disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a very frustrating experience. Thankfully, the VA has an appeals process for disability these decisions. The first step is submitting the Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice of Disagreement you should state to the VA why you are not happy with their decision. You don't have to list every reason but you should list everything that you disagree on.
It's also crucial to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. Often times there are missing or incomplete records. This can lead to a mistake in the rating.
If you submit your NOD you must choose whether you want to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success when you opt for the DRO review DRO review than with the BVA.
With a DRO review you have the option of requesting a personal hearing before an experienced senior disability rating specialist. The DRO will examine your claim "de de novo" which means they will not be influenced by the previous decision. This typically results in the issue of a new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest taking appeals route and typically takes anywhere from one to three years for a new decision.
What is the average cost a lawyer can charge?
Lawyers can charge a fee if you appeal an VA decision on a disability claim. However, current law prevents lawyers from charging fees to assist in the case. This is because the fee has to be contingent upon the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically the fees are paid directly from any lump-sum payments you get from the VA.
Veterans may be able to find accredited representatives through the VA's searchable database for licensed attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a variety of matters including disability compensation and pension claims.
Most veterans disability attorneys' disability advocates are paid on a contingency basis. They only receive compensation when they succeed in winning their client's appeal and they also receive back pay from VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total benefit award.
In rare instances, an agent or lawyer could decide to charge an hourly rate. This is rare for two reasons. First, these situations are often time consuming and can take months or even years. In addition, the majority of veterans and their families cannot afford to pay for these services on an hourly basis.
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