Veterans Disability Case Tools To Ease Your Everyday Lifethe Only Vete…
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Veterans Disability Litigation
Ken counsels military veterans to assist them in getting the disability compensation they are entitled to. Ken is also a lawyer for his 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 by disproportionately denying their disability claims.
What is what is VA Disability?
The amount of monthly monetary compensation paid to veterans disability lawyer with service connected disabilities is based on their disability rating. The rating is based on the severity of an injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20% 30 percent, 30%, etc.). The amount is devoid of tax and provides a basic source of income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation, such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the regular disability compensation.
In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credit to boost their earnings over the course of their lives for retirement or disability benefits. These additional credits are referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. Certain of these conditions however require the opinion of an expert. An experienced lawyer can help a client obtain this opinion and provide the evidence needed to support the claim for disability benefits.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients get the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans rights a priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first locate the medical evidence that proves their disability. This could include X-rays, doctor's reports, as well as any other documentation related to the condition of the veteran. Giving these records to VA is crucial. If a veteran doesn't have these documents, they should 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 is a form that permits the VA to begin reviewing your claim even before you have all the information and medical records you require. This form also protects the date of effective compensation benefits in the event you succeed in your claim.
If all the required information is in after all the information has been received, the VA will schedule an examination for you. This will be dependent on the number and type of disabilities you are claiming. Attend this exam as missing it could delay the process of submitting your claim.
After the examinations are completed after which after the examinations are completed, VA will review the evidence and send you a confirmation packet. If the VA rejects your claim, you have a year from the date of the letter to request a higher-level review.
A lawyer can be of assistance in this situation. VA-accredited attorneys can now get 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 refusal 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 to Disagreement with the VA regional office, which has sent you the Rating Decision. In your notice of disagreement, you should tell the VA why you disagree with their decision. You don't have to give every reason, but you should list all the points you disagree with.
It's also important to request your C-file (claims file) so you can see the evidence the VA used in making their decision. Most of the time there are no or incomplete records. In some instances, this can lead to an error in the rating decision.
When you file your NOD it is up to you to decide if want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success with a DRO review than with the BVA.
You can request a personal hearing with a senior rating expert through a DRO review. The DRO will review your claim "de novo", meaning that they will not rely on the previous decision. This usually results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest demanding appeals process and usually takes anywhere from one to three years to obtain an updated decision.
How much does an attorney charge?
Lawyers can charge a fee for helping appeal an VA decision on a disability claim. The law currently does not allow lawyers to charge for initial assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits through an appeal. Typically these fees are directly derived from any lump-sum payments you receive from the VA.
Veterans may locate accredited representatives using the VA's searchable database of licensed attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a range of issues including disability compensation and pension claims.
Most disability advocates for veterans are paid on a contingency basis. This means that they only get paid if they win the client's appeal and are awarded back payments from the VA. The amount of backpay given can be different, but it can be as high as 20 percent of a claimant's past due benefits.
In rare cases, an agent or attorney may decide to charge an the hourly basis. This is rare for two reasons. First, these cases can be time-consuming and can last for months or even years. Additionally, many veterans and their families are unable to afford to pay an hourly fee.
Ken counsels military veterans to assist them in getting the disability compensation they are entitled to. Ken is also a lawyer for his 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 by disproportionately denying their disability claims.
What is what is VA Disability?
The amount of monthly monetary compensation paid to veterans disability lawyer with service connected disabilities is based on their disability rating. The rating is based on the severity of an injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20% 30 percent, 30%, etc.). The amount is devoid of tax and provides a basic source of income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation, such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the regular disability compensation.
In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credit to boost their earnings over the course of their lives for retirement or disability benefits. These additional credits are referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. Certain of these conditions however require the opinion of an expert. An experienced lawyer can help a client obtain this opinion and provide the evidence needed to support the claim for disability benefits.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients get the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans rights a priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first locate the medical evidence that proves their disability. This could include X-rays, doctor's reports, as well as any other documentation related to the condition of the veteran. Giving these records to VA is crucial. If a veteran doesn't have these documents, they should 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 is a form that permits the VA to begin reviewing your claim even before you have all the information and medical records you require. This form also protects the date of effective compensation benefits in the event you succeed in your claim.
If all the required information is in after all the information has been received, the VA will schedule an examination for you. This will be dependent on the number and type of disabilities you are claiming. Attend this exam as missing it could delay the process of submitting your claim.
After the examinations are completed after which after the examinations are completed, VA will review the evidence and send you a confirmation packet. If the VA rejects your claim, you have a year from the date of the letter to request a higher-level review.
A lawyer can be of assistance in this situation. VA-accredited attorneys can now get 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 refusal 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 to Disagreement with the VA regional office, which has sent you the Rating Decision. In your notice of disagreement, you should tell the VA why you disagree with their decision. You don't have to give every reason, but you should list all the points you disagree with.
It's also important to request your C-file (claims file) so you can see the evidence the VA used in making their decision. Most of the time there are no or incomplete records. In some instances, this can lead to an error in the rating decision.
When you file your NOD it is up to you to decide if want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success with a DRO review than with the BVA.
You can request a personal hearing with a senior rating expert through a DRO review. The DRO will review your claim "de novo", meaning that they will not rely on the previous decision. This usually results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest demanding appeals process and usually takes anywhere from one to three years to obtain an updated decision.
How much does an attorney charge?
Lawyers can charge a fee for helping appeal an VA decision on a disability claim. The law currently does not allow lawyers to charge for initial assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits through an appeal. Typically these fees are directly derived from any lump-sum payments you receive from the VA.
Veterans may locate accredited representatives using the VA's searchable database of licensed attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a range of issues including disability compensation and pension claims.
Most disability advocates for veterans are paid on a contingency basis. This means that they only get paid if they win the client's appeal and are awarded back payments from the VA. The amount of backpay given can be different, but it can be as high as 20 percent of a claimant's past due benefits.
In rare cases, an agent or attorney may decide to charge an the hourly basis. This is rare for two reasons. First, these cases can be time-consuming and can last for months or even years. Additionally, many veterans and their families are unable to afford to pay an hourly fee.
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