Veterans Disability Case Tools To Ease Your Daily Life Veterans Disabi…
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Veterans Disability Litigation
Ken assists veterans to obtain the disability benefits they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for years by discriminating against their disability claims in a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is an VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans with service-connected disabilities. This rating is based upon the severity of an injury or illness and may range between 0% and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their families.
The VA also has other programs that provide additional compensation like the individual unemployed, the automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to basic disability compensation.
In addition to these benefit programs, in addition, the Social Security Administration gives military veterans disability lawyers special credit to boost their 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. Some of these conditions, however require an expert's advice. A veteran lawyer with experience can assist a customer in obtaining this opinion, and supply the necessary evidence to support an claim for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are conversant with the intricacies of VA regulations and laws. Our firm was established in 1996 by a disabled vet who after securing his own representation in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I claim a benefit?
Veterans must first find the medical evidence that proves their impairment. This includes Xrays or doctor's reports, as as any other documentation related to the veteran's condition. 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 to make an intent to file. This form allows the VA to begin reviewing your claim, even before you have all the medical records you need. This form also protects the effective date of your compensation benefits if you have a successful case.
The VA will schedule your examination after all the required information is received. The VA will set the date for the examination in accordance with the number of disabilities as well as the type you claim. Be sure to take this test, because in the event you fail to take it, it could delay your claim.
The VA will send you a decision package after the tests 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 stage, a lawyer is able to assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is an enormous benefit for those who seek disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a frustrating experience. Fortunately the VA has an appeals process for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you must tell the VA why you disagree with their decision. It is not necessary to list every reason, but you should be clear about the issues you disagree with.
It's also crucial to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. Often times there are missing or insufficient records. This can result in an error in the rating.
If you submit your NOD you must decide whether you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll be more likely to have success with a DRO review than with the BVA.
You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will conduct a review of your claim on an "de novo" basis, which means that they don't give deference the previous decision. This typically results in an entirely new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the longest appeals process and can take up to three years for a new decision.
What is the average amount an attorney can charge?
Lawyers may charge a fee for assisting you appeal a VA disability decision. However, current law prevents lawyers from charging fees to assist when submitting a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.
Veterans may locate accredited representatives using the VA's searchable database of accredited attorneys or claims representatives. These individuals have been approved by the Department of veterans disability law firm Affairs to represent veterans, service members and their dependents or survivors on a range of issues such as disability compensation and pension claims.
The majority of veterans' disability advocates are paid on a contingency basis. They only get paid when they prevail in their client's appeal and also receive back pay from VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's total past-due benefit award.
In rare cases, an agent or attorney may decide to charge on an the basis of an hourly rate. But, this isn't common for two reasons. These issues can take months or even years to be resolved. The second reason is that many veterans and their families don't afford an hourly rate.
Ken assists veterans to obtain the disability benefits they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for years by discriminating against their disability claims in a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is an VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans with service-connected disabilities. This rating is based upon the severity of an injury or illness and may range between 0% and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their families.
The VA also has other programs that provide additional compensation like the individual unemployed, the automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to basic disability compensation.
In addition to these benefit programs, in addition, the Social Security Administration gives military veterans disability lawyers special credit to boost their 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. Some of these conditions, however require an expert's advice. A veteran lawyer with experience can assist a customer in obtaining this opinion, and supply the necessary evidence to support an claim for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are conversant with the intricacies of VA regulations and laws. Our firm was established in 1996 by a disabled vet who after securing his own representation in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I claim a benefit?
Veterans must first find the medical evidence that proves their impairment. This includes Xrays or doctor's reports, as as any other documentation related to the veteran's condition. 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 to make an intent to file. This form allows the VA to begin reviewing your claim, even before you have all the medical records you need. This form also protects the effective date of your compensation benefits if you have a successful case.
The VA will schedule your examination after all the required information is received. The VA will set the date for the examination in accordance with the number of disabilities as well as the type you claim. Be sure to take this test, because in the event you fail to take it, it could delay your claim.
The VA will send you a decision package after the tests 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 stage, a lawyer is able to assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is an enormous benefit for those who seek disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a frustrating experience. Fortunately the VA has an appeals process for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you must tell the VA why you disagree with their decision. It is not necessary to list every reason, but you should be clear about the issues you disagree with.
It's also crucial to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. Often times there are missing or insufficient records. This can result in an error in the rating.
If you submit your NOD you must decide whether you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll be more likely to have success with a DRO review than with the BVA.
You can request a personal hearing with an expert in senior rating through a DRO review. The DRO will conduct a review of your claim on an "de novo" basis, which means that they don't give deference the previous decision. This typically results in an entirely new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the longest appeals process and can take up to three years for a new decision.
What is the average amount an attorney can charge?
Lawyers may charge a fee for assisting you appeal a VA disability decision. However, current law prevents lawyers from charging fees to assist when submitting a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.
Veterans may locate accredited representatives using the VA's searchable database of accredited attorneys or claims representatives. These individuals have been approved by the Department of veterans disability law firm Affairs to represent veterans, service members and their dependents or survivors on a range of issues such as disability compensation and pension claims.
The majority of veterans' disability advocates are paid on a contingency basis. They only get paid when they prevail in their client's appeal and also receive back pay from VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's total past-due benefit award.
In rare cases, an agent or attorney may decide to charge on an the basis of an hourly rate. But, this isn't common for two reasons. These issues can take months or even years to be resolved. The second reason is that many veterans and their families don't afford an hourly rate.
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