Veterans Disability Case Techniques To Simplify Your Everyday Lifethe …
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Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they deserve. Ken also represents 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 discriminating against their disability claims.
What is what is VA disability?
The amount of monetary compensation per month provided to veterans disability lawyer suffering from disabilities resulting from service is based on their disability rating. This rating is based upon the severity of an injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20 percent 30%, 20 percent, etc.). The compensation is tax-free and provides basic income for disabled veterans and their family.
VA offers additional compensation through other programs, like individual unemployment allowances for clothing prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans a special credit they can use to increase their lifetime earnings to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. However, some of these conditions require an expert's opinion. An experienced lawyer can assist a client in obtaining this opinion and provide the evidence required to support the claim of disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans disability lawsuit claims and appeals. We are dedicated to assisting our clients obtain the benefits they're entitled to. We have handled thousands disability cases and are familiar with the intricacies of VA rules and regulations. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights a priority for his practice.
How do I file a claim?
First, veterans need to locate the medical evidence to prove their disability. This includes X-rays or doctor's reports, as well in any other documentation related to the veteran's condition. It is essential to submit these records to VA. If a veteran doesn't have these documents, the VA should be notified by the claimant (or their VSO).
The next step is to file an intent to file. This is a form that permits the VA to review your claim, even before you have all the medical records that you require. It also preserves your date of effective for benefits if you win your case.
The VA will schedule your appointment after all the details have been received. The VA will schedule an examination based on the number of disabilities as well as the type you are claiming. Be sure to take this test, because if you miss it this could affect your claim.
The VA will send you a decision document once the examinations have been completed. If the VA decides to deny the claim, you have a year to request a higher-level review.
At this moment, a lawyer could assist you. Lawyers who are accredited by VA can now be involved in appeals from the beginning, which is a huge advantage for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a very frustrating experience. Thankfully the VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement you should state to the VA why you disagreed with their decision. It is not necessary to list all the reasons, but you should mention everything you disagree with.
You should also request your C-file, or claims file, so that you can determine what evidence the VA used to make their decision. Often times, there are missing or insufficient records. In certain cases this could result in an error in the rating decision.
If you submit your NOD you must decide whether you would like 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.
If you are subject to a DRO review you have the option of requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, meaning they will not give deference to the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the longest appeals process and it can take up to three years to reach a new decision.
What is the cost an attorney could charge?
A lawyer may charge a fee to help you appeal an VA disability decision. But, current law prohibits lawyers from charging for initial assistance in the case. The fee is only due if the lawyer is successful in your case or increases your benefits through an appeal. Typically, these fees will be directly derived from any lump-sum payment you receive from the VA.
Veterans may be able find accredited representatives through the VA's searchable database of accredited attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a vast range of matters such as pension claims and disability compensation claims.
Most veterans' disability advocates operate on a contingent basis. They only receive compensation when they win their client's appeal, and they are also paid back from VA. The amount of backpay awarded can vary but it could be as high as 20 percent of the claimant's past due benefits.
In rare instances an attorney or agent may decide to charge an an hourly basis. However, this is uncommon due to two reasons. These issues could take months or even years to resolve. In addition, the majority of veterans and their families cannot afford to pay on an hourly basis.
Ken helps veterans obtain the disability benefits they deserve. Ken also represents 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 discriminating against their disability claims.
What is what is VA disability?
The amount of monetary compensation per month provided to veterans disability lawyer suffering from disabilities resulting from service is based on their disability rating. This rating is based upon the severity of an injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20 percent 30%, 20 percent, etc.). The compensation is tax-free and provides basic income for disabled veterans and their family.
VA offers additional compensation through other programs, like individual unemployment allowances for clothing prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans a special credit they can use to increase their lifetime earnings to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. However, some of these conditions require an expert's opinion. An experienced lawyer can assist a client in obtaining this opinion and provide the evidence required to support the claim of disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans disability lawsuit claims and appeals. We are dedicated to assisting our clients obtain the benefits they're entitled to. We have handled thousands disability cases and are familiar with the intricacies of VA rules and regulations. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights a priority for his practice.
How do I file a claim?
First, veterans need to locate the medical evidence to prove their disability. This includes X-rays or doctor's reports, as well in any other documentation related to the veteran's condition. It is essential to submit these records to VA. If a veteran doesn't have these documents, the VA should be notified by the claimant (or their VSO).
The next step is to file an intent to file. This is a form that permits the VA to review your claim, even before you have all the medical records that you require. It also preserves your date of effective for benefits if you win your case.
The VA will schedule your appointment after all the details have been received. The VA will schedule an examination based on the number of disabilities as well as the type you are claiming. Be sure to take this test, because if you miss it this could affect your claim.
The VA will send you a decision document once the examinations have been completed. If the VA decides to deny the claim, you have a year to request a higher-level review.
At this moment, a lawyer could assist you. Lawyers who are accredited by VA can now be involved in appeals from the beginning, which is a huge advantage for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a very frustrating experience. Thankfully the VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement you should state to the VA why you disagreed with their decision. It is not necessary to list all the reasons, but you should mention everything you disagree with.
You should also request your C-file, or claims file, so that you can determine what evidence the VA used to make their decision. Often times, there are missing or insufficient records. In certain cases this could result in an error in the rating decision.
If you submit your NOD you must decide whether you would like 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.
If you are subject to a DRO review you have the option of requesting a personal hearing before an experienced senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, meaning they will not give deference to the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the longest appeals process and it can take up to three years to reach a new decision.
What is the cost an attorney could charge?
A lawyer may charge a fee to help you appeal an VA disability decision. But, current law prohibits lawyers from charging for initial assistance in the case. The fee is only due if the lawyer is successful in your case or increases your benefits through an appeal. Typically, these fees will be directly derived from any lump-sum payment you receive from the VA.
Veterans may be able find accredited representatives through the VA's searchable database of accredited attorneys or claims agents. These people are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a vast range of matters such as pension claims and disability compensation claims.
Most veterans' disability advocates operate on a contingent basis. They only receive compensation when they win their client's appeal, and they are also paid back from VA. The amount of backpay awarded can vary but it could be as high as 20 percent of the claimant's past due benefits.
In rare instances an attorney or agent may decide to charge an an hourly basis. However, this is uncommon due to two reasons. These issues could take months or even years to resolve. In addition, the majority of veterans and their families cannot afford to pay on an hourly basis.
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