Veterans Disability Case Tools To Ease Your Daily Lifethe One Veterans…
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Veterans Disability Litigation
Ken counsels veterans of the military to help them get the disability compensation they deserve. 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 disability lawsuit Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.
What is an VA disability?
The amount of monetary compensation per month paid to veterans with service-related disabilities is determined on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their families.
VA provides additional compensation through other programs, such as individual unemployment, clothing allowances as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credits to boost their retirement or disability benefits. These additional credits are referred to as "credit for service."
Many of the conditions that qualify veterans for disability compensation are described in the Code of Federal Regulations. Certain of these conditions however require the opinion of an expert. An experienced veteran attorney can assist a client obtain an opinion, and also provide the evidence needed to support an claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they are entitled to. We have handled a variety of disability cases and we are well-versed with the complexities of VA rules and regulations. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself in an appeals hearing before the Board of veterans disability lawsuits Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.
How do I submit a claim?
Veterans need to first collect the medical evidence to prove their disability. This includes Xrays, doctor's reports or any other documentation that relate to their condition. It is essential to submit 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 allows the VA to begin reviewing your claim before you have all the information and medical records you need. It also ensures that you have an date of eligibility for compensation benefits should you prevail in your case.
The VA will schedule your exam when all details have been received. This will be dependent on the type and number of disabilities you are claiming. Make sure that you take this exam, as should you miss it, it could delay your claim.
Once the examinations are complete, after the examinations are completed, VA will examine the evidence and give you a decision packet. If the VA rejects the claim, you have a year to request a higher-level review.
A lawyer can assist you in this situation. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a huge benefit to people seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a very frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you must explain to the VA why you disagreed with their decision. You don't have to include all the reasons however, you must mention everything you disagree with.
It is also essential to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. There are often incomplete or missing data. This could lead to an error in the rating.
If you submit your NOD it is up to you to decide if prefer to have your situation reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success when the DRO reviews your case than when it's reviewed by the BVA.
With the DRO review you can request a personal hearing before a senior rating specialist. The DRO will examine your claim "de de novo", meaning that they will not defer to the previous decision. This usually results in a totally new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the time consuming appeals path and typically can take between one and three years to get an updated decision.
How much can a lawyer charge?
Lawyers can charge a fee to assist you appeal the VA decision regarding an appeal for disability. The law as it stands today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. Typically the fees are paid out of the lump-sum payments that you receive from the VA.
Veterans can identify accredited representatives by using the VA's searchable database for certified attorneys or claims agents. They are vetted by the Department of Veterans Affairs and can represent service members, veterans or dependents in a broad range of issues including pension claims and disability compensation claims.
Most disability advocates for veterans are paid on an ad-hoc basis. This means that they are only paid if they prevail in the appeal of the client and get back pay from the VA. The amount of backpay paid can vary but can be as high as 20 percent of a claimant's past due benefits.
In rare instances an attorney or agent might decide to charge an hourly fee. This is uncommon due to two reasons. These issues can take months or years to be resolved. The second reason is that most veterans and their families cannot afford to pay for these services on an hourly basis.
Ken counsels veterans of the military to help them get the disability compensation they deserve. 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 disability lawsuit Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.
What is an VA disability?
The amount of monetary compensation per month paid to veterans with service-related disabilities is determined on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their families.
VA provides additional compensation through other programs, such as individual unemployment, clothing allowances as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credits to boost their retirement or disability benefits. These additional credits are referred to as "credit for service."
Many of the conditions that qualify veterans for disability compensation are described in the Code of Federal Regulations. Certain of these conditions however require the opinion of an expert. An experienced veteran attorney can assist a client obtain an opinion, and also provide the evidence needed to support an claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they are entitled to. We have handled a variety of disability cases and we are well-versed with the complexities of VA rules and regulations. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself in an appeals hearing before the Board of veterans disability lawsuits Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.
How do I submit a claim?
Veterans need to first collect the medical evidence to prove their disability. This includes Xrays, doctor's reports or any other documentation that relate to their condition. It is essential to submit 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 allows the VA to begin reviewing your claim before you have all the information and medical records you need. It also ensures that you have an date of eligibility for compensation benefits should you prevail in your case.
The VA will schedule your exam when all details have been received. This will be dependent on the type and number of disabilities you are claiming. Make sure that you take this exam, as should you miss it, it could delay your claim.
Once the examinations are complete, after the examinations are completed, VA will examine the evidence and give you a decision packet. If the VA rejects the claim, you have a year to request a higher-level review.
A lawyer can assist you in this situation. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a huge benefit to people seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a very frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you must explain to the VA why you disagreed with their decision. You don't have to include all the reasons however, you must mention everything you disagree with.
It is also essential to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. There are often incomplete or missing data. This could lead to an error in the rating.
If you submit your NOD it is up to you to decide if prefer to have your situation reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success when the DRO reviews your case than when it's reviewed by the BVA.
With the DRO review you can request a personal hearing before a senior rating specialist. The DRO will examine your claim "de de novo", meaning that they will not defer to the previous decision. This usually results in a totally new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the time consuming appeals path and typically can take between one and three years to get an updated decision.
How much can a lawyer charge?
Lawyers can charge a fee to assist you appeal the VA decision regarding an appeal for disability. The law as it stands today does not permit lawyers to charge fees for initial assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. Typically the fees are paid out of the lump-sum payments that you receive from the VA.
Veterans can identify accredited representatives by using the VA's searchable database for certified attorneys or claims agents. They are vetted by the Department of Veterans Affairs and can represent service members, veterans or dependents in a broad range of issues including pension claims and disability compensation claims.
Most disability advocates for veterans are paid on an ad-hoc basis. This means that they are only paid if they prevail in the appeal of the client and get back pay from the VA. The amount of backpay paid can vary but can be as high as 20 percent of a claimant's past due benefits.
In rare instances an attorney or agent might decide to charge an hourly fee. This is uncommon due to two reasons. These issues can take months or years to be resolved. The second reason is that most veterans and their families cannot afford to pay for these services on an hourly basis.
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