The Most Successful Veterans Disability Case Gurus Are Doing 3 Things
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Veterans Disability Litigation
Ken counsels veterans of the military to help them obtain the disability compensation they deserve. He assists his clients at VA Board of Veterans Appeals Hearings.
According to a lawsuit filed by the Yale Law School veterans disability law firm 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 amount of monetary compensation per month given to veterans with disabilities resulting from service is based on their disability rating. This rating is determined by the severity of an illness or injury and may range between 0% and 100% in increments of 10% (e.g. 20 percent, 30 percent, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their families.
VA provides additional compensation through other programs, such as individual unemployment, clothing allowances as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits they can utilize to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These additional credits are known as "credit for service."
A majority of the conditions that can qualify disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. Certain of these conditions however, require an expert's opinion. An experienced lawyer can help a customer obtain this opinion, and supply the evidence required to support the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients receive the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a key part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
The first step is to track down the medical evidence to prove their disability. This could include X-rays, doctor's reports as well in any other documentation related to the veteran's condition. It is vital to provide these records to VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to file an intent to file. This form lets the VA to review your claim before you have all the required information and medical records. This form also protects the date on which you will receive your compensation benefits in the event that you have a successful case.
When all the information is provided after all the information has been received, the VA will schedule an examination for you. This will depend on the number and type of disabilities you are claiming. Make sure you attend this exam, as in the event you fail to take it this could affect your claim.
The VA will send you a decision-making package when the examinations have been completed. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.
A lawyer can help in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a hugely beneficial to those who are seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a frustrating experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't have to list every reason however, you must mention all the points you disagree with.
You must also request a C-file or claims file to see what evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. In certain cases this could result in an error in the rating decision.
When you file your NOD you will need to decide if you would like 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 when you opt for the DRO review DRO review than with the BVA.
With an DRO review you can request an individual hearing before a senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, which means they don't give deference the previous decision. This typically results in a completely new Rating Decision. You can also choose to request that the BVA in Washington review your claim. This is the most lengthy appeals process and it can take approximately three years to get a new decision.
How much can an attorney charge?
Lawyers can charge a fee to assist appeal the VA decision on the basis of disability. However, the law currently prohibits lawyers from charging for initial assistance with a claim. This is because the fee has to be contingent upon the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically, these fees will be directly derived from any lump-sum payments you get from the VA.
Veterans can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide variety of cases including pension and disability compensation claims.
Most disability advocates for veterans work on a contingency. This means that they are only paid if they prevail in the client's appeal and are awarded back pay from the VA. The amount of backpay awarded can vary however it could be as high as 20 percent of a claimant's past due benefits.
In rare instances lawyers or agents may choose to charge an hourly fee. This is not common due to two reasons. These issues could take months or even years to be resolved. Second, many veterans and their families cannot afford to pay an hourly fee.
Ken counsels veterans of the military to help them obtain the disability compensation they deserve. He assists his clients at VA Board of Veterans Appeals Hearings.
According to a lawsuit filed by the Yale Law School veterans disability law firm 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 amount of monetary compensation per month given to veterans with disabilities resulting from service is based on their disability rating. This rating is determined by the severity of an illness or injury and may range between 0% and 100% in increments of 10% (e.g. 20 percent, 30 percent, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their families.
VA provides additional compensation through other programs, such as individual unemployment, clothing allowances as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits they can utilize to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These additional credits are known as "credit for service."
A majority of the conditions that can qualify disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. Certain of these conditions however, require an expert's opinion. An experienced lawyer can help a customer obtain this opinion, and supply the evidence required to support the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients receive the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a key part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
The first step is to track down the medical evidence to prove their disability. This could include X-rays, doctor's reports as well in any other documentation related to the veteran's condition. It is vital to provide these records to VA. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to file an intent to file. This form lets the VA to review your claim before you have all the required information and medical records. This form also protects the date on which you will receive your compensation benefits in the event that you have a successful case.
When all the information is provided after all the information has been received, the VA will schedule an examination for you. This will depend on the number and type of disabilities you are claiming. Make sure you attend this exam, as in the event you fail to take it this could affect your claim.
The VA will send you a decision-making package when the examinations have been completed. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.
A lawyer can help in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a hugely beneficial to those who are seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a frustrating experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't have to list every reason however, you must mention all the points you disagree with.
You must also request a C-file or claims file to see what evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. In certain cases this could result in an error in the rating decision.
When you file your NOD you will need to decide if you would like 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 when you opt for the DRO review DRO review than with the BVA.
With an DRO review you can request an individual hearing before a senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, which means they don't give deference the previous decision. This typically results in a completely new Rating Decision. You can also choose to request that the BVA in Washington review your claim. This is the most lengthy appeals process and it can take approximately three years to get a new decision.
How much can an attorney charge?
Lawyers can charge a fee to assist appeal the VA decision on the basis of disability. However, the law currently prohibits lawyers from charging for initial assistance with a claim. This is because the fee has to be contingent upon the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically, these fees will be directly derived from any lump-sum payments you get from the VA.
Veterans can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide variety of cases including pension and disability compensation claims.
Most disability advocates for veterans work on a contingency. This means that they are only paid if they prevail in the client's appeal and are awarded back pay from the VA. The amount of backpay awarded can vary however it could be as high as 20 percent of a claimant's past due benefits.
In rare instances lawyers or agents may choose to charge an hourly fee. This is not common due to two reasons. These issues could take months or even years to be resolved. Second, many veterans and their families cannot afford to pay an hourly fee.
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