5 Veterans Disability Case Leçons From The Pros
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Veterans Disability Litigation
Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they deserve. He also represents 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 an VA disability?
The amount of monetary compensation per month given to veterans with service connected disabilities is based on their disability rating. The rating is based on the severity of an illness or injury and may range between 0% and 100% in increments of 10% (e.g. 20% 30 percent, 30 percent, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.
The VA also has other programs that provide additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.
In addition to these benefit programs, in addition, 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 known as "credit for service."
Code of Federal Regulations lists a variety of conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's advice. A skilled lawyer with years of experience can assist clients in obtaining this opinion and present the evidence required to support the claim for disability benefits.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are proficient in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after securing his own representation at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.
How do I submit a claim?
Veterans must first locate the medical evidence to prove their impairment. This includes any X-rays, doctor's notes or other evidence related to their condition. The submission of these records to the VA is very important. 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 a filing of an intent to file. This form lets the VA examine your claim even before you have the needed information and medical records. It also ensures that you have an effective date for receiving compensation when you win your case.
The VA will schedule your appointment after all the required information has been received. It will depend on the number and type of disability you claim. If you fail to attend this test, it could delay the process of your claim.
The VA will send you a decision-making package after the tests have been completed. If the VA rejects your claim, you have one year from the date of the letter to request a more thorough review.
A lawyer can assist you at this point. Accredited lawyers from VA can be involved in the appeals from the start, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a difficult experience. Thankfully 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 has sent you the Rating Decision. In your Notice of Disparage, you should tell the VA why you are not happy 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 crucial to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are usually incomplete or missing records. In certain cases this could lead to an error in the rating decision.
When you file your NOD you must decide whether you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.
You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will review your claim "de novo" which means they will not be influenced by the previous decision. This typically results in a completely new Rating Decision. You can also have the BVA in Washington examine your claim. This is the time demanding appeals process and usually takes between one and three years for an updated decision.
What is the average cost a lawyer can charge?
Lawyers can charge a fee for helping you appeal the VA decision on the basis of disability. However, the law currently prohibits lawyers from charging fees to assist in the case. The fee is only payable when the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.
veterans disability Law Firms may identify accredited representatives by using the VA's searchable database for licensed attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast variety of cases that include pension claims, disability compensation and claims.
Most disability advocates for veterans disability Law Firms veterans are paid on a contingent basis. They only receive compensation when they prevail in their client's appeal and they also receive back pay from VA. The amount of backpay that is 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 lawyer may choose to charge an hourly rate. However, this is not the norm for two reasons. First, these situations can be time-consuming and can last for months or even years. The second reason is that most veterans and their families cannot afford to pay on an hourly basis.
Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they deserve. He also represents 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 an VA disability?
The amount of monetary compensation per month given to veterans with service connected disabilities is based on their disability rating. The rating is based on the severity of an illness or injury and may range between 0% and 100% in increments of 10% (e.g. 20% 30 percent, 30 percent, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their family.
The VA also has other programs that provide additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.
In addition to these benefit programs, in addition, 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 known as "credit for service."
Code of Federal Regulations lists a variety of conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's advice. A skilled lawyer with years of experience can assist clients in obtaining this opinion and present the evidence required to support the claim for disability benefits.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are proficient in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after securing his own representation at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.
How do I submit a claim?
Veterans must first locate the medical evidence to prove their impairment. This includes any X-rays, doctor's notes or other evidence related to their condition. The submission of these records to the VA is very important. 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 a filing of an intent to file. This form lets the VA examine your claim even before you have the needed information and medical records. It also ensures that you have an effective date for receiving compensation when you win your case.
The VA will schedule your appointment after all the required information has been received. It will depend on the number and type of disability you claim. If you fail to attend this test, it could delay the process of your claim.
The VA will send you a decision-making package after the tests have been completed. If the VA rejects your claim, you have one year from the date of the letter to request a more thorough review.
A lawyer can assist you at this point. Accredited lawyers from VA can be involved in the appeals from the start, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a difficult experience. Thankfully 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 has sent you the Rating Decision. In your Notice of Disparage, you should tell the VA why you are not happy 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 crucial to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are usually incomplete or missing records. In certain cases this could lead to an error in the rating decision.
When you file your NOD you must decide whether you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.
You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will review your claim "de novo" which means they will not be influenced by the previous decision. This typically results in a completely new Rating Decision. You can also have the BVA in Washington examine your claim. This is the time demanding appeals process and usually takes between one and three years for an updated decision.
What is the average cost a lawyer can charge?
Lawyers can charge a fee for helping you appeal the VA decision on the basis of disability. However, the law currently prohibits lawyers from charging fees to assist in the case. The fee is only payable when the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.
veterans disability Law Firms may identify accredited representatives by using the VA's searchable database for licensed attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast variety of cases that include pension claims, disability compensation and claims.
Most disability advocates for veterans disability Law Firms veterans are paid on a contingent basis. They only receive compensation when they prevail in their client's appeal and they also receive back pay from VA. The amount of backpay that is 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 lawyer may choose to charge an hourly rate. However, this is not the norm for two reasons. First, these situations can be time-consuming and can last for months or even years. The second reason is that most veterans and their families cannot afford to pay on an hourly basis.
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