How To Know The Veterans Disability Case Which Is Right For You
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Veterans Disability Litigation
Ken assists veterans to obtain the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of veterans disability attorneys Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims as per an action filed this 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-related disabilities. The rating is determined by the severity of the illness or injury and can range from 0% to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free and provides basic income for disabled veterans and their families.
The VA also has other programs that provide additional compensation such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credit that they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are known as "credit for service."
Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. However, a few of these conditions require an expert opinion. An experienced veteran attorney can help a customer obtain this opinion and provide the necessary evidence to support the claim of disability compensation.
Sullivan & Kehoe has extensive experience representing Veterans Disability Law Firms in disability claims and appeals. We are committed to helping our clients get the benefits they're entitled to. We have handled thousands of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.
How do I make a claim?
Veterans need to first collect the medical evidence to prove their impairment. This includes any X-rays, doctor's notes or other evidence regarding their condition. It is crucial to provide these records to VA. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).
The next step is a filing of an intention to file. This form allows the VA examine your claim even before you have all the required information and medical records. The form also keeps the date on which you will receive your compensation benefits in case you are successful in your case.
If all the required information is in after all the information has been received, the VA will schedule an exam for you. This will depend on the number and type of disability you claim. Attend this exam as missing it could delay the processing of your claim.
The VA will send you a decision package after the tests have been completed. If the VA refuses to accept the claim you'll have one year to request a more extensive review.
A lawyer can help at this point. Lawyers who are accredited by VA can now be involved in the appeals right from the beginning, which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
The denial of disability benefits to veterans can be extremely frustrating. Thankfully, the VA has an appeals process for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement, you have to tell the VA the reasons you don't agree with their decision. You don't need to list every reason however, you must mention all the points you disagree with.
It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. There are often incomplete or missing records. This can lead to a mistake in the rating.
When you submit your NOD you will need to decide if you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.
In the event of the DRO review you have the option of requesting an individual hearing before a senior rating specialist. The DRO will examine your claim "de de novo", meaning that they will not defer to the previous decision. This typically results in an entirely new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest demanding appeals process and usually takes one to three years for a new decision.
What is the cost an attorney could charge?
A lawyer could charge a fee to assist you appeal a VA disability decision. However, the law currently prohibits lawyers from charging fees for assistance in a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.
veterans disability attorneys can use the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast range of issues including pension and disability compensation claims.
Most disability advocates for veterans work on a contingency basis. They only receive compensation when they win their client's appeal, and they also receive back pay from VA. The amount of backpay that is awarded can vary but can be as high as 20 percent of a claimant's past due benefits.
In rare cases, an agent or lawyer could decide to charge an hourly fee. This isn't often the case due to two reasons. First, these cases tend to be time-consuming and can go on for months or even years. Second, many veterans and their families can't afford an hourly rate.
Ken assists veterans to obtain the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of veterans disability attorneys Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims as per an action filed this 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-related disabilities. The rating is determined by the severity of the illness or injury and can range from 0% to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free and provides basic income for disabled veterans and their families.
The VA also has other programs that provide additional compensation such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credit that they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are known as "credit for service."
Code of Federal Regulations lists numerous conditions that make a veteran eligible for disability compensation. However, a few of these conditions require an expert opinion. An experienced veteran attorney can help a customer obtain this opinion and provide the necessary evidence to support the claim of disability compensation.
Sullivan & Kehoe has extensive experience representing Veterans Disability Law Firms in disability claims and appeals. We are committed to helping our clients get the benefits they're entitled to. We have handled thousands of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.
How do I make a claim?
Veterans need to first collect the medical evidence to prove their impairment. This includes any X-rays, doctor's notes or other evidence regarding their condition. It is crucial to provide these records to VA. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).
The next step is a filing of an intention to file. This form allows the VA examine your claim even before you have all the required information and medical records. The form also keeps the date on which you will receive your compensation benefits in case you are successful in your case.
If all the required information is in after all the information has been received, the VA will schedule an exam for you. This will depend on the number and type of disability you claim. Attend this exam as missing it could delay the processing of your claim.
The VA will send you a decision package after the tests have been completed. If the VA refuses to accept the claim you'll have one year to request a more extensive review.
A lawyer can help at this point. Lawyers who are accredited by VA can now be involved in the appeals right from the beginning, which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
The denial of disability benefits to veterans can be extremely frustrating. Thankfully, the VA has an appeals process for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement, you have to tell the VA the reasons you don't agree with their decision. You don't need to list every reason however, you must mention all the points you disagree with.
It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. There are often incomplete or missing records. This can lead to a mistake in the rating.
When you submit your NOD you will need to decide if you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.
In the event of the DRO review you have the option of requesting an individual hearing before a senior rating specialist. The DRO will examine your claim "de de novo", meaning that they will not defer to the previous decision. This typically results in an entirely new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest demanding appeals process and usually takes one to three years for a new decision.
What is the cost an attorney could charge?
A lawyer could charge a fee to assist you appeal a VA disability decision. However, the law currently prohibits lawyers from charging fees for assistance in a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.
veterans disability attorneys can use the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast range of issues including pension and disability compensation claims.
Most disability advocates for veterans work on a contingency basis. They only receive compensation when they win their client's appeal, and they also receive back pay from VA. The amount of backpay that is awarded can vary but can be as high as 20 percent of a claimant's past due benefits.
In rare cases, an agent or lawyer could decide to charge an hourly fee. This isn't often the case due to two reasons. First, these cases tend to be time-consuming and can go on for months or even years. Second, many veterans and their families can't afford an hourly rate.
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