Veterans Disability Case Tips From The Top In The Industry
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Ken assists veterans to obtain the disability benefits they deserve. He also represents his clients in 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 disability attorneys Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is an VA disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with service-related disabilities. The rating is based on the severity of the injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30, 30 percent, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.
VA offers additional compensation through other programs, such as individual unemployment allowances for clothing prestabilization and hospitalization, automobile allowances, as well as hospitalization allowances. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits that they can utilize to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These credits are also referred to as "credit for service."
Many of the conditions that can qualify veterans for disability compensation are described in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the evidence 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 receive the disability benefits they deserve. We have handled a variety of disability cases and are familiar with the complexities of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for veterans rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.
How do I submit a claim?
The first step is to track down the medical evidence to prove their condition. This could include X-rays, doctor's reports, as any other documentation pertaining to the condition of the veteran. Making these records available to the VA is crucial. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).
The next step is the filing of an intent to file. This form permits the VA to review your claim, even before you have all the information and medical records you need. It also preserves your date of eligibility for compensation benefits should you prevail in your case.
When all the information is in when all the information is in, the VA will schedule an examination for you. The VA will schedule the exam based on the number of disabilities as well as the type you are claiming. If you fail to attend this test, it could delay the process of submitting your claim.
After the examinations are completed, after the examinations are completed, VA will examine the evidence and send you a decision package. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.
A lawyer can help at this point. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is an enormous benefit for people seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disparage, you have to tell the VA why you disagree with their decision. You don't have to list all the reasons but you should list everything that you disagree on.
It's also important to request your C-file (claims file) to see the evidence that the VA used in making their decision. There are often incomplete or missing data. In certain cases it could lead to an error in the rating decision.
If you submit your NOD it is up to you to decide if prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success when the DRO reviews your case than when it's reviewed by the BVA.
You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will examine your claim "de de novo" which means they will not rely on the previous decision. This usually results in the issue of a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the longest appeals procedure and can take up to three years for an update on the decision.
How much will a lawyer charge?
A lawyer can charge a fee to assist you appeal a VA disability decision. The current law does not permit lawyers to charge for assistance with a claim in the beginning. This is due to the fact that the fee has to be dependent on the lawyer prevailing in your case or getting your benefits increased by an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.
Veterans may find accredited representatives through the VA's searchable database for certified attorneys or claims agents. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or dependents in a wide variety of cases, including pension claims and disability compensation claims.
Most disability advocates for veterans are paid on an hourly basis. This means that they will only be paid if they win the appeal of the client and get back payments from the VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's total past due benefit.
In rare instances lawyers or agents might decide to charge an hourly rate. But, this isn't common due to two reasons. First, these cases are usually time-consuming and can last for months or even years. Additionally, many veterans and their families don't afford to pay an hourly rate.
Ken assists veterans to obtain the disability benefits they deserve. He also represents his clients in 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 disability attorneys Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is an VA disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with service-related disabilities. The rating is based on the severity of the injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30, 30 percent, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.
VA offers additional compensation through other programs, such as individual unemployment allowances for clothing prestabilization and hospitalization, automobile allowances, as well as hospitalization allowances. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits that they can utilize to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These credits are also referred to as "credit for service."
Many of the conditions that can qualify veterans for disability compensation are described in the Code of Federal Regulations. Some of these conditions, however require an expert's advice. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the evidence 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 receive the disability benefits they deserve. We have handled a variety of disability cases and are familiar with the complexities of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for veterans rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.
How do I submit a claim?
The first step is to track down the medical evidence to prove their condition. This could include X-rays, doctor's reports, as any other documentation pertaining to the condition of the veteran. Making these records available to the VA is crucial. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).
The next step is the filing of an intent to file. This form permits the VA to review your claim, even before you have all the information and medical records you need. It also preserves your date of eligibility for compensation benefits should you prevail in your case.
When all the information is in when all the information is in, the VA will schedule an examination for you. The VA will schedule the exam based on the number of disabilities as well as the type you are claiming. If you fail to attend this test, it could delay the process of submitting your claim.
After the examinations are completed, after the examinations are completed, VA will examine the evidence and send you a decision package. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.
A lawyer can help at this point. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is an enormous benefit for people seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disparage, you have to tell the VA why you disagree with their decision. You don't have to list all the reasons but you should list everything that you disagree on.
It's also important to request your C-file (claims file) to see the evidence that the VA used in making their decision. There are often incomplete or missing data. In certain cases it could lead to an error in the rating decision.
If you submit your NOD it is up to you to decide if prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success when the DRO reviews your case than when it's reviewed by the BVA.
You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will examine your claim "de de novo" which means they will not rely on the previous decision. This usually results in the issue of a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the longest appeals procedure and can take up to three years for an update on the decision.
How much will a lawyer charge?
A lawyer can charge a fee to assist you appeal a VA disability decision. The current law does not permit lawyers to charge for assistance with a claim in the beginning. This is due to the fact that the fee has to be dependent on the lawyer prevailing in your case or getting your benefits increased by an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.
Veterans may find accredited representatives through the VA's searchable database for certified attorneys or claims agents. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or dependents in a wide variety of cases, including pension claims and disability compensation claims.
Most disability advocates for veterans are paid on an hourly basis. This means that they will only be paid if they win the appeal of the client and get back payments from the VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's total past due benefit.
In rare instances lawyers or agents might decide to charge an hourly rate. But, this isn't common due to two reasons. First, these cases are usually time-consuming and can last for months or even years. Additionally, many veterans and their families don't afford to pay an hourly rate.
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