This Is The Complete Guide To Veterans Disability Case
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Veterans Disability Litigation
Ken assists veterans to get the disability benefits they deserve. He 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 a VA Disability?
The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. This rating is based on the severity of the illness or injury and can range from 0% to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.
The VA also offers other programs that offer additional compensation, such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for disability or retirement benefits. These additional credits are referred to as "credit for service."
Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's advice. A seasoned veteran attorney can assist a customer in obtaining this opinion, and supply the necessary evidence to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to ensuring that our clients get the disability benefits they are entitled to. We have handled thousands disability cases and are conversant with the complexities of VA regulations and laws. Our firm was created by a disabled veteran who made fighting for veterans rights a top priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.
How do I submit a claim?
Veterans must first find the medical evidence that proves their disability. This includes Xrays or doctor's notes, as well in any other documentation related to the veteran's condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).
The next step is to submit an intent to file. This form lets the VA to review your claim before you have the necessary information and medical records. The form also keeps the effective date of your compensation benefits in case you have a successful case.
When all the information is submitted after all the information has been received, the VA will schedule an appointment for you. This will be dependent on the number and type of disability you claim. Attend this exam as missing it could delay the process of your claim.
The VA will provide you with a decision package once the examinations have been completed. If the VA rejects the claim, you will have one year to request a more extensive review.
At this stage, a lawyer is able to help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit to those who seek disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a gruelling experience. The VA provides an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement you should state to the VA why you disagreed with their decision. You don't have to give every reason, but you should mention all the aspects you don't agree with.
It's also important to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are usually incomplete or missing data. In certain cases it could lead to an error in the rating decision.
If you file your NOD, it will be asked to choose whether you would like your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success with a DRO review than with the BVA.
You can request a private hearing with a senior rating expert through an DRO review. The DRO will conduct an investigation of your claim on the basis of a "de de novo" basis, meaning they will not give any deference to the previous decision. This usually results in a completely new Rating Decision. You can also have the BVA in Washington examine your claim. This is the longest lengthy appeals procedure and typically can take between one and three years to obtain an updated decision.
What is the cost an attorney could charge?
A lawyer can charge a fee to help you appeal an VA decision on a disability claim. But, current law prohibits lawyers from charging fees to assist in a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case or receiving your benefits increased as a result of an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.
Veterans may identify accredited representatives by using the VA's searchable database of certified attorneys or claims agents. These people have been accredited by the Department of veterans disability law firms - site web - Affairs to represent service members, veterans and their dependents or survivors in a variety of issues including pension and disability compensation claims.
Most veterans' disability advocates are paid on the basis of a contingent. They only get paid when they are successful in defending their client's case, and they receive back pay from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total past-due benefit.
In rare cases attorneys or agents may decide to charge on an the hourly basis. However, this is not the norm for two reasons. First, these cases can be time-consuming and can last for months or even years. In addition, many veterans and their families are unable to afford to pay an hourly fee.
Ken assists veterans to get the disability benefits they deserve. He 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 a VA Disability?
The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. This rating is based on the severity of the illness or injury and can range from 0% to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.
The VA also offers other programs that offer additional compensation, such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for disability or retirement benefits. These additional credits are referred to as "credit for service."
Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's advice. A seasoned veteran attorney can assist a customer in obtaining this opinion, and supply the necessary evidence to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to ensuring that our clients get the disability benefits they are entitled to. We have handled thousands disability cases and are conversant with the complexities of VA regulations and laws. Our firm was created by a disabled veteran who made fighting for veterans rights a top priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.
How do I submit a claim?
Veterans must first find the medical evidence that proves their disability. This includes Xrays or doctor's notes, as well in any other documentation related to the veteran's condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).
The next step is to submit an intent to file. This form lets the VA to review your claim before you have the necessary information and medical records. The form also keeps the effective date of your compensation benefits in case you have a successful case.
When all the information is submitted after all the information has been received, the VA will schedule an appointment for you. This will be dependent on the number and type of disability you claim. Attend this exam as missing it could delay the process of your claim.
The VA will provide you with a decision package once the examinations have been completed. If the VA rejects the claim, you will have one year to request a more extensive review.
At this stage, a lawyer is able to help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is an enormous benefit to those who seek disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a gruelling experience. The VA provides an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement you should state to the VA why you disagreed with their decision. You don't have to give every reason, but you should mention all the aspects you don't agree with.
It's also important to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are usually incomplete or missing data. In certain cases it could lead to an error in the rating decision.
If you file your NOD, it will be asked to choose whether you would like your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success with a DRO review than with the BVA.
You can request a private hearing with a senior rating expert through an DRO review. The DRO will conduct an investigation of your claim on the basis of a "de de novo" basis, meaning they will not give any deference to the previous decision. This usually results in a completely new Rating Decision. You can also have the BVA in Washington examine your claim. This is the longest lengthy appeals procedure and typically can take between one and three years to obtain an updated decision.
What is the cost an attorney could charge?
A lawyer can charge a fee to help you appeal an VA decision on a disability claim. But, current law prohibits lawyers from charging fees to assist in a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case or receiving your benefits increased as a result of an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.
Veterans may identify accredited representatives by using the VA's searchable database of certified attorneys or claims agents. These people have been accredited by the Department of veterans disability law firms - site web - Affairs to represent service members, veterans and their dependents or survivors in a variety of issues including pension and disability compensation claims.
Most veterans' disability advocates are paid on the basis of a contingent. They only get paid when they are successful in defending their client's case, and they receive back pay from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total past-due benefit.
In rare cases attorneys or agents may decide to charge on an the hourly basis. However, this is not the norm for two reasons. First, these cases can be time-consuming and can last for months or even years. In addition, many veterans and their families are unable to afford to pay an hourly fee.
