It's Time To Expand Your Veterans Disability Case Options
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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 disability law firm Appeals Hearings.
According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week The Department of veterans disability attorneys Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.
What is what is VA disability?
The amount of monetary compensation per month paid to veterans with service-related disabilities is determined on their disability rating. The rating is based on the severity of an illness or injury and can vary between 0% and 100% in increments of 10% (e.g. 20 percent 30 percent, 30 percent, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their family.
The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the regular disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans Disability law Firms special credits to increase their lifetime earnings for retirement or disability benefits. These additional credits are referred to as "credit for service."
A majority of the conditions that can qualify a veteran for disability compensation are listed in the Code of Federal Regulations. Some of these conditions, however, require an expert's opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the proof needed to prove the claim for disability benefits.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself at an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.
How do I claim a benefit?
The first step is to locate the medical evidence to prove their disability. This includes X-rays and doctor's notes or other evidence regarding their condition. The submission of these records to the VA is crucial. If a veteran doesn't have these documents, they must 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 is a form that allows the VA to begin reviewing your claim before you have all the information and medical records that you require. The form also keeps the effective date of your compensation benefits in the event you win your case.
The VA will schedule your exam when all information has been received. The VA will schedule the exam in accordance with the severity of your disability and the type you are claiming. Make sure that you take this test, because should you miss it and fail to take it, it could hinder your claim.
The VA will provide you with a decision package after the examinations are completed. If the VA denies the claim, you'll have one year to request a higher-level review.
At this point, a lawyer can assist you. VA-accredited lawyers are now involved in the appeals from the beginning which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
The denial of benefits for disability suffered by veterans is a frustrating experience. Fortunately, the VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disparage, you must inform the VA the reason you don't like their decision. It is not necessary to list every reason, but you should mention everything that you disagree on.
It's also crucial to request your C-file (claims file) so you can see the evidence the VA used in making their decision. In many cases, there are missing or insufficient records. In some instances this could result in an error in the rating decision.
When you file your NOD, you'll be asked to decide if you want your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO reviews your case than when it's reviewed by BVA.
You can request a private hearing with a senior rating expert via the process of a DRO review. The DRO will conduct the review of your claim on the basis of a "de novo" basis, which means that they will not give deference to the previous decision. This usually results in a completely new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest appeals procedure and can take up to three years before you receive a new decision.
How much does a lawyer charge?
A lawyer can charge a fee to help you appeal an VA decision regarding a disability claim. The law in place today does not allow lawyers to charge fees for initial assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.
Veterans can locate accredited representatives using 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 wide spectrum of cases, including pension claims and disability compensation claims.
Most disability advocates for veterans are paid on an ad-hoc basis. This means that they will only be paid if they succeed in winning the appeal of the client and receive back payments from the VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total benefit.
In rare cases lawyers or agents might decide to charge an hourly fee. This isn't often the case due to two reasons. These issues could take months or even years to be resolved. Second, most 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 disability law firm Appeals Hearings.
According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week The Department of veterans disability attorneys Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.
What is what is VA disability?
The amount of monetary compensation per month paid to veterans with service-related disabilities is determined on their disability rating. The rating is based on the severity of an illness or injury and can vary between 0% and 100% in increments of 10% (e.g. 20 percent 30 percent, 30 percent, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their family.
The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the regular disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans Disability law Firms special credits to increase their lifetime earnings for retirement or disability benefits. These additional credits are referred to as "credit for service."
A majority of the conditions that can qualify a veteran for disability compensation are listed in the Code of Federal Regulations. Some of these conditions, however, require an expert's opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and provide the proof needed to prove the claim for disability benefits.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself at an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an integral part of his practice.
How do I claim a benefit?
The first step is to locate the medical evidence to prove their disability. This includes X-rays and doctor's notes or other evidence regarding their condition. The submission of these records to the VA is crucial. If a veteran doesn't have these documents, they must 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 is a form that allows the VA to begin reviewing your claim before you have all the information and medical records that you require. The form also keeps the effective date of your compensation benefits in the event you win your case.
The VA will schedule your exam when all information has been received. The VA will schedule the exam in accordance with the severity of your disability and the type you are claiming. Make sure that you take this test, because should you miss it and fail to take it, it could hinder your claim.
The VA will provide you with a decision package after the examinations are completed. If the VA denies the claim, you'll have one year to request a higher-level review.
At this point, a lawyer can assist you. VA-accredited lawyers are now involved in the appeals from the beginning which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
The denial of benefits for disability suffered by veterans is a frustrating experience. Fortunately, the VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disparage, you must inform the VA the reason you don't like their decision. It is not necessary to list every reason, but you should mention everything that you disagree on.
It's also crucial to request your C-file (claims file) so you can see the evidence the VA used in making their decision. In many cases, there are missing or insufficient records. In some instances this could result in an error in the rating decision.
When you file your NOD, you'll be asked to decide if you want your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO reviews your case than when it's reviewed by BVA.
You can request a private hearing with a senior rating expert via the process of a DRO review. The DRO will conduct the review of your claim on the basis of a "de novo" basis, which means that they will not give deference to the previous decision. This usually results in a completely new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest appeals procedure and can take up to three years before you receive a new decision.
How much does a lawyer charge?
A lawyer can charge a fee to help you appeal an VA decision regarding a disability claim. The law in place today does not allow lawyers to charge fees for initial assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits by filing an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.
Veterans can locate accredited representatives using 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 wide spectrum of cases, including pension claims and disability compensation claims.
Most disability advocates for veterans are paid on an ad-hoc basis. This means that they will only be paid if they succeed in winning the appeal of the client and receive back payments from the VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's total benefit.
In rare cases lawyers or agents might decide to charge an hourly fee. This isn't often the case due to two reasons. These issues could take months or even years to be resolved. Second, most veterans and their families cannot afford to pay on an hourly basis.
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