How Do You Know If You're In The Mood To Veterans Disability Case
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Ken counsels military veterans to assist them in getting the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, generally denying their disability claims, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA Disability?
The disability rating determines the amount of compensation per month paid to veterans who have service-related disabilities. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.
VA offers additional compensation through other programs, like individual unemployment, clothing allowances as well as prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the standard disability compensation.
The Social Security Administration also gives veterans special credit that they can use to boost their lifetime earnings to qualify for retirement or disability benefits. These additional credits are known as "credit for service."
Many of the conditions that make a veteran for disability compensation are described in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. An experienced veteran lawyer can assist a client to obtain this opinion and provide the evidence needed to support a 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 deserve. We have handled hundreds of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans the top priority in his practice.
How do I submit a claim?
Veterans need to first collect the medical evidence to prove their disability. This includes Xrays, doctor's reports or other documentation regarding their condition. It is crucial to provide these documents to the VA. If a veteran does not have these documents then the VA should be notified by the applicant (or their VSO).
The next step is to fill out an intent to file. This is a form that permits the VA to review your claim even before you have all the information and medical records that you require. It also ensures that you have an date of effective for benefits when you win your case.
Once all the information is submitted, the VA will schedule an examination for you. This will depend on the type and number of disability you claim. Don't miss this exam because it could delay the process of your claim.
The VA will send you a decision package when the examinations have been completed. If the VA decides to deny the claim, you will have one year to request a more thorough review.
A lawyer can help in this situation. Accredited lawyers from VA can be involved in the appeals from the beginning, which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a frustrating experience. Fortunately that the VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement you must inform the VA why you disagree with their decision. You don't have to list every reason, but you must state all the issues that you don't agree with.
You should also request your C-file, or claims file, to determine what evidence the VA used to make their decision. There are usually incomplete or missing data. In some cases it could lead to an error in the rating decision.
When you file your NOD, you must decide whether you would like to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO reviews your case, compared to when it's reviewed by the BVA.
When you request the DRO review, you can request an individual hearing before an experienced senior rating specialist. The DRO will conduct the review of your claim on a "de novo" basis, which means they will not give deference to the previous decision. This typically results in a new Rating Decision. You may also decide to request that the BVA in Washington examine your claim. This is the time consuming appeals path and typically takes anywhere from one to three years for an updated decision.
What is the average amount an attorney can charge?
A lawyer can charge a fee if appeal an VA decision regarding a disability claim. However, current law prohibits lawyers from charging fees to assist with a claim. This is due to the fact that the fee is contingent on the lawyer winning your case, or getting your benefits increased by an appeal. Typically, these fees will be 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 licensed attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a broad range of issues, including pension claims and disability compensation claims.
Most disability advocates for veterans work on a contingency basis. This means that they only get paid if they prevail in the client's appeal and are awarded back payments from the VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's past-due benefit.
In rare cases attorneys or agents may choose to charge on the hourly basis. This is uncommon due to two reasons. These issues can take months or even years to resolve. In addition, the majority of veterans disability lawsuits and their families can't afford to pay for these services on an hourly basis.
Ken counsels military veterans to assist them in getting the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, generally denying their disability claims, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA Disability?
The disability rating determines the amount of compensation per month paid to veterans who have service-related disabilities. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.
VA offers additional compensation through other programs, like individual unemployment, clothing allowances as well as prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the standard disability compensation.
The Social Security Administration also gives veterans special credit that they can use to boost their lifetime earnings to qualify for retirement or disability benefits. These additional credits are known as "credit for service."
Many of the conditions that make a veteran for disability compensation are described in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. An experienced veteran lawyer can assist a client to obtain this opinion and provide the evidence needed to support a 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 deserve. We have handled hundreds of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans the top priority in his practice.
How do I submit a claim?
Veterans need to first collect the medical evidence to prove their disability. This includes Xrays, doctor's reports or other documentation regarding their condition. It is crucial to provide these documents to the VA. If a veteran does not have these documents then the VA should be notified by the applicant (or their VSO).
The next step is to fill out an intent to file. This is a form that permits the VA to review your claim even before you have all the information and medical records that you require. It also ensures that you have an date of effective for benefits when you win your case.
Once all the information is submitted, the VA will schedule an examination for you. This will depend on the type and number of disability you claim. Don't miss this exam because it could delay the process of your claim.
The VA will send you a decision package when the examinations have been completed. If the VA decides to deny the claim, you will have one year to request a more thorough review.
A lawyer can help in this situation. Accredited lawyers from VA can be involved in the appeals from the beginning, which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a frustrating experience. Fortunately that the VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement you must inform the VA why you disagree with their decision. You don't have to list every reason, but you must state all the issues that you don't agree with.
You should also request your C-file, or claims file, to determine what evidence the VA used to make their decision. There are usually incomplete or missing data. In some cases it could lead to an error in the rating decision.
When you file your NOD, you must decide whether you would like to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO reviews your case, compared to when it's reviewed by the BVA.
When you request the DRO review, you can request an individual hearing before an experienced senior rating specialist. The DRO will conduct the review of your claim on a "de novo" basis, which means they will not give deference to the previous decision. This typically results in a new Rating Decision. You may also decide to request that the BVA in Washington examine your claim. This is the time consuming appeals path and typically takes anywhere from one to three years for an updated decision.
What is the average amount an attorney can charge?
A lawyer can charge a fee if appeal an VA decision regarding a disability claim. However, current law prohibits lawyers from charging fees to assist with a claim. This is due to the fact that the fee is contingent on the lawyer winning your case, or getting your benefits increased by an appeal. Typically, these fees will be 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 licensed attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a broad range of issues, including pension claims and disability compensation claims.
Most disability advocates for veterans work on a contingency basis. This means that they only get paid if they prevail in the client's appeal and are awarded back payments from the VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's past-due benefit.
In rare cases attorneys or agents may choose to charge on the hourly basis. This is uncommon due to two reasons. These issues can take months or even years to resolve. In addition, the majority of veterans disability lawsuits and their families can't afford to pay for these services on an hourly basis.
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