Veterans Disability Case Tips That Will Change Your Life
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Veterans Disability Litigation
Ken counsels military veterans 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 Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.
What is a VA Disability?
The disability rating determines the amount of monthly payments to veterans disability attorney with disabilities that are related to service. This rating is based upon the severity of an illness or injury and can vary between 0% and 100% in increments of 10% (e.g. 20 percent 30, 30%, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their families.
The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans a special credit they can use to increase their lifetime earnings and be eligible for disability or retirement benefits. These extra credits are referred to as "credit for service."
Many of the conditions that qualify an individual for disability compensation are described in the Code of Federal Regulations. However, a few of these circumstances require an expert's opinion. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence required to prove a claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients obtain the disability benefits they deserve. We have handled thousands disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in a Board of Veterans Appeals Hearing and making veterans disability attorneys' rights an important aspect of his work.
How do I file a claim?
Veterans must first gather the medical evidence supporting their disability. This includes X-rays, doctor's reports or other documentation regarding their condition. The submission of these records to the VA is essential. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is the filing of an intent to file. This is a form that allows the VA to review your claim, even before you have all the information and medical records that you require. The form also keeps the effective date of your compensation benefits in case you succeed in your claim.
The VA will schedule your exam after all the required information has been received. This will depend on the quantity and type of disability you claim. In the event that you do not attend this exam, it could delay the process of submitting your claim.
The VA will provide you with a decision package after the examinations are completed. If the VA denies your claim, you have one year from the date of the letter to request a higher-level review.
At this point, a lawyer can assist you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a an enormous benefit to those who are seeking disability benefits.
How do I appeal a denial?
The denial of veterans' disability benefits can be frustrating. Fortunately that the VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA the reason you don't like their decision. It is not necessary to list all the reasons however, you must mention all the points you disagree with.
You must also request a C-file or claims file so that you can see what evidence the VA used to make their decision. Most of the time, there are missing or insufficient records. This could lead to a mistake in the rating.
If you submit your NOD you must decide whether you would like to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when you opt for the DRO review DRO review than with the BVA.
When you request the DRO review, you have the option of asking for an individual hearing before an experienced senior rating specialist. The DRO will examine your claim "de de novo" which means they will not accept the previous decision. This typically results in a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most lengthy appeals process and it can take up to three years for a new decision.
How much can a lawyer charge?
A lawyer can charge a fee to help you appeal an VA decision regarding an appeal for disability. However, the law currently prohibits lawyers from charging fees to assist in a claim. This is due to the fact that the fee is contingent on the lawyer winning your case or getting your benefits increased by an appeal. Typically the fees will be paid directly out of any lump-sum payment you receive from the VA.
Veterans can look through the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors on a range of issues such as disability compensation and pension claims.
Most disability advocates for veterans are paid on a contingency basis. They only get paid when they prevail in their client's appeal and also 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 benefit.
In rare instances, an agent or lawyer might choose to charge an hourly fee. This isn't often the case due to two reasons. First, these issues are often time consuming and can take months or even years. Second, most veterans and their families can't afford to pay for these services on an hourly basis.
Ken counsels military veterans 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 Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.
What is a VA Disability?
The disability rating determines the amount of monthly payments to veterans disability attorney with disabilities that are related to service. This rating is based upon the severity of an illness or injury and can vary between 0% and 100% in increments of 10% (e.g. 20 percent 30, 30%, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their families.
The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans a special credit they can use to increase their lifetime earnings and be eligible for disability or retirement benefits. These extra credits are referred to as "credit for service."
Many of the conditions that qualify an individual for disability compensation are described in the Code of Federal Regulations. However, a few of these circumstances require an expert's opinion. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence required to prove a claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients obtain the disability benefits they deserve. We have handled thousands disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in a Board of Veterans Appeals Hearing and making veterans disability attorneys' rights an important aspect of his work.
How do I file a claim?
Veterans must first gather the medical evidence supporting their disability. This includes X-rays, doctor's reports or other documentation regarding their condition. The submission of these records to the VA is essential. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is the filing of an intent to file. This is a form that allows the VA to review your claim, even before you have all the information and medical records that you require. The form also keeps the effective date of your compensation benefits in case you succeed in your claim.
The VA will schedule your exam after all the required information has been received. This will depend on the quantity and type of disability you claim. In the event that you do not attend this exam, it could delay the process of submitting your claim.
The VA will provide you with a decision package after the examinations are completed. If the VA denies your claim, you have one year from the date of the letter to request a higher-level review.
At this point, a lawyer can assist you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a an enormous benefit to those who are seeking disability benefits.
How do I appeal a denial?
The denial of veterans' disability benefits can be frustrating. Fortunately that the VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA the reason you don't like their decision. It is not necessary to list all the reasons however, you must mention all the points you disagree with.
You must also request a C-file or claims file so that you can see what evidence the VA used to make their decision. Most of the time, there are missing or insufficient records. This could lead to a mistake in the rating.
If you submit your NOD you must decide whether you would like to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when you opt for the DRO review DRO review than with the BVA.
When you request the DRO review, you have the option of asking for an individual hearing before an experienced senior rating specialist. The DRO will examine your claim "de de novo" which means they will not accept the previous decision. This typically results in a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most lengthy appeals process and it can take up to three years for a new decision.
How much can a lawyer charge?
A lawyer can charge a fee to help you appeal an VA decision regarding an appeal for disability. However, the law currently prohibits lawyers from charging fees to assist in a claim. This is due to the fact that the fee is contingent on the lawyer winning your case or getting your benefits increased by an appeal. Typically the fees will be paid directly out of any lump-sum payment you receive from the VA.
Veterans can look through the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors on a range of issues such as disability compensation and pension claims.
Most disability advocates for veterans are paid on a contingency basis. They only get paid when they prevail in their client's appeal and also 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 benefit.
In rare instances, an agent or lawyer might choose to charge an hourly fee. This isn't often the case due to two reasons. First, these issues are often time consuming and can take months or even years. Second, most veterans and their families can't afford to pay for these services on an hourly basis.
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