Veterans Disability Case Tools To Improve Your Daily Life Veterans Dis…
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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 Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, disproportionately rejecting their disability claims according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA Disability?
The disability rating determines the amount of compensation per month paid to veterans with disabilities that are related to service. The rating is determined by the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is exempt from tax and provides a basic income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans special credit to boost their disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists a variety of conditions that can qualify a veteran 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 a claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and we are well-versed with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled vet who, after successfully representing himself in 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 gather the medical evidence of their impairment. This includes X-rays or doctor's reports, as well in any other documentation related to the condition of the veteran. Making these records available to the VA is vital. If a veteran doesn't have these documents, the VA should be notified by the claimant (or their VSO).
The next step is a filing of an intent to file. This is a form that permits the VA to review your claim, even before you have all the medical records required. It also keeps your date of effective for benefits when you win your case.
The VA will schedule your appointment after all the information has been received. This will be dependent on the quantity and type of disability you claim. Make sure that you take the exam, since should you miss it and fail to take it, it could hinder your claim.
The VA will provide you with a decision package when the examinations have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.
At this moment, a lawyer will help you. Accredited lawyers from VA can be involved in appeals from the start, which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
Denial of veterans' disability benefits can be extremely frustrating. Thankfully there is a way to appeal the decision. VA has an appeals process 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 Disagreement, you have to explain to the VA why you disagreed with their decision. You don't have to include all of the reasons but you should list all the points you disagree with.
You should also request your C file, or claims file, so that you can see the evidence that the VA used to arrive at their decision. Most of the time, 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 if you want your case to be reviewed by a Board of veterans disability lawyers Appeals or a Decision Review officer. Generally speaking, veterans disability you will be more likely to have success when you opt for a DRO review than with the BVA.
You can request a personal hearing with a senior rating expert via an DRO review. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, which means they will not give deference to the previous decision. This typically results in a new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and it can take up to three years to reach an appeal to be heard.
What is the cost an attorney could charge?
A lawyer may charge a fee to help appeal a VA decision on an appeal for disability. The law currently does not allow 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. The fees are typically paid directly from any lump-sum payment you receive from the VA.
Veterans can look through the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and can represent service members, veterans disability lawyer or dependents in a wide range of matters, including disability compensation claims and pension claims.
Most veterans' disability advocates are paid on the basis of a contingent. This means that they are only paid if they are successful in winning the client's appeal and receive back pay from the VA. The amount of backpay granted can differ, Veterans disability but it can be as high as 20 percent of a claimant's past due benefits.
In rare cases an attorney or agent could decide to charge an hourly rate. This is rare for two reasons. First, these issues are usually time-consuming and can drag on for months or even years. The second reason is that most veterans and their families can't afford to pay for these services on an hourly basis.
Ken helps veterans obtain the disability benefits they deserve. Ken also represents his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, disproportionately rejecting their disability claims according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA Disability?
The disability rating determines the amount of compensation per month paid to veterans with disabilities that are related to service. The rating is determined by the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is exempt from tax and provides a basic income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans special credit to boost their disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists a variety of conditions that can qualify a veteran 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 a claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and we are well-versed with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled vet who, after successfully representing himself in 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 gather the medical evidence of their impairment. This includes X-rays or doctor's reports, as well in any other documentation related to the condition of the veteran. Making these records available to the VA is vital. If a veteran doesn't have these documents, the VA should be notified by the claimant (or their VSO).
The next step is a filing of an intent to file. This is a form that permits the VA to review your claim, even before you have all the medical records required. It also keeps your date of effective for benefits when you win your case.
The VA will schedule your appointment after all the information has been received. This will be dependent on the quantity and type of disability you claim. Make sure that you take the exam, since should you miss it and fail to take it, it could hinder your claim.
The VA will provide you with a decision package when the examinations have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.
At this moment, a lawyer will help you. Accredited lawyers from VA can be involved in appeals from the start, which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
Denial of veterans' disability benefits can be extremely frustrating. Thankfully there is a way to appeal the decision. VA has an appeals process 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 Disagreement, you have to explain to the VA why you disagreed with their decision. You don't have to include all of the reasons but you should list all the points you disagree with.
You should also request your C file, or claims file, so that you can see the evidence that the VA used to arrive at their decision. Most of the time, 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 if you want your case to be reviewed by a Board of veterans disability lawyers Appeals or a Decision Review officer. Generally speaking, veterans disability you will be more likely to have success when you opt for a DRO review than with the BVA.
You can request a personal hearing with a senior rating expert via an DRO review. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, which means they will not give deference to the previous decision. This typically results in a new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and it can take up to three years to reach an appeal to be heard.
What is the cost an attorney could charge?
A lawyer may charge a fee to help appeal a VA decision on an appeal for disability. The law currently does not allow 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. The fees are typically paid directly from any lump-sum payment you receive from the VA.
Veterans can look through the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and can represent service members, veterans disability lawyer or dependents in a wide range of matters, including disability compensation claims and pension claims.
Most veterans' disability advocates are paid on the basis of a contingent. This means that they are only paid if they are successful in winning the client's appeal and receive back pay from the VA. The amount of backpay granted can differ, Veterans disability but it can be as high as 20 percent of a claimant's past due benefits.
In rare cases an attorney or agent could decide to charge an hourly rate. This is rare for two reasons. First, these issues are usually time-consuming and can drag on for months or even years. The second reason is that most veterans and their families can't afford to pay for these services on an hourly basis.
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