Veterans Disability Case Strategies That Will Change Your Life
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Veterans Disability Litigation
Ken assists veterans in obtaining the disability benefits they are entitled to. He also represents clients at VA Board of veterans disability claim Appeals hearings.
According to a lawsuit filed by the Yale Law School veterans disability claim 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 compensation paid to veterans who have service-connected disabilities. This rating is determined by the severity of the injury or illness and may range between 0% and 100% in increments of 10% (e.g. 20 percent 30%, 20 percent, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.
VA provides additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization, car allowances, and hospitalization allowances. These are in addition to the regular disability compensation.
The Social Security Administration also gives veterans a special credit they can use to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These additional credits are referred to as "credit for service."
Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. However, certain circumstances require an expert's opinion. An experienced lawyer can assist a client obtain this opinion, and supply the evidence required to prove an claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a key part of his practice after successfully representing himself at a Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first find the medical evidence of their disability. This could include X-rays, doctor's reports, as in any other documentation related to the condition of the veteran. It is vital to provide these documents to the VA. If a veteran doesn't have these documents and the VA should be notified by the claimant (or their VSO).
The next step is the filing of an intent to file. This form allows the VA to review your claim even before you have all the information and medical records you require. This form also ensures the effective date of your compensation benefits if you win your case.
When all the data is received, the VA will arrange an examination for you. This will depend on the number and type of disability you claim. Be sure to take this exam, as should you miss it and fail to take it, it could hinder your claim.
After the examinations are completed After the examinations are completed, the VA will examine the evidence and give you a decision-making packet. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.
At this stage, a lawyer is able to assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a a huge benefit to those seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a difficult experience. The VA offers an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your notice of disagreement, you should tell the VA why you disagree with their decision. You don't have to list every reason, but you should be clear about the issues you disagree with.
It's also crucial to request your C-file (claims file) to see the evidence that the VA used to make their decision. In many cases there are missing or insufficient records. In some instances, this can lead to an error in the rating decision.
When you file your NOD, it is up to you to decide if would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, Veterans Disability Litigation you'll have a better chance of success when the DRO examines your case than when it's reviewed by the BVA.
In the event of a DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will conduct the review of your claim on a "de novo" basis, which means they will not give deference to the previous decision. This usually results in the issue of a new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the time lengthy appeals procedure and Veterans Disability Litigation typically takes anywhere from one to three years to obtain an updated decision.
What is the cost an attorney could charge?
A lawyer may charge a fee for helping you appeal the VA decision on a disability claim. But, current law prohibits lawyers from charging fees for assistance in a claim. This is because the fee is dependent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically the fees will be paid out of any lump-sum payment you receive from the VA.
veterans disability compensation are able to search the database of attorneys who are accredited or claim agents to find accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans disability compensation, service members, dependents, or survivors in a variety of matters such as disability compensation and pension claims.
The majority of veterans' disability advocates are paid on an ad-hoc basis. This means that they only get paid if they win the client's appeal and receive back payment from the VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total benefit amount.
In rare instances, an agent or lawyer might choose to charge an hourly rate. This isn't often the case due to two reasons. First, these situations are often time consuming and can take months or even years. In addition, many veterans and their families don't afford to pay an hourly fee.
Ken assists veterans in obtaining the disability benefits they are entitled to. He also represents clients at VA Board of veterans disability claim Appeals hearings.
According to a lawsuit filed by the Yale Law School veterans disability claim 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 compensation paid to veterans who have service-connected disabilities. This rating is determined by the severity of the injury or illness and may range between 0% and 100% in increments of 10% (e.g. 20 percent 30%, 20 percent, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.
VA provides additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization, car allowances, and hospitalization allowances. These are in addition to the regular disability compensation.
The Social Security Administration also gives veterans a special credit they can use to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These additional credits are referred to as "credit for service."
Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. However, certain circumstances require an expert's opinion. An experienced lawyer can assist a client obtain this opinion, and supply the evidence required to prove an claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a key part of his practice after successfully representing himself at a Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first find the medical evidence of their disability. This could include X-rays, doctor's reports, as in any other documentation related to the condition of the veteran. It is vital to provide these documents to the VA. If a veteran doesn't have these documents and the VA should be notified by the claimant (or their VSO).
The next step is the filing of an intent to file. This form allows the VA to review your claim even before you have all the information and medical records you require. This form also ensures the effective date of your compensation benefits if you win your case.
When all the data is received, the VA will arrange an examination for you. This will depend on the number and type of disability you claim. Be sure to take this exam, as should you miss it and fail to take it, it could hinder your claim.
After the examinations are completed After the examinations are completed, the VA will examine the evidence and give you a decision-making packet. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.
At this stage, a lawyer is able to assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a a huge benefit to those seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a difficult experience. The VA offers an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your notice of disagreement, you should tell the VA why you disagree with their decision. You don't have to list every reason, but you should be clear about the issues you disagree with.
It's also crucial to request your C-file (claims file) to see the evidence that the VA used to make their decision. In many cases there are missing or insufficient records. In some instances, this can lead to an error in the rating decision.
When you file your NOD, it is up to you to decide if would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, Veterans Disability Litigation you'll have a better chance of success when the DRO examines your case than when it's reviewed by the BVA.
In the event of a DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will conduct the review of your claim on a "de novo" basis, which means they will not give deference to the previous decision. This usually results in the issue of a new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the time lengthy appeals procedure and Veterans Disability Litigation typically takes anywhere from one to three years to obtain an updated decision.
What is the cost an attorney could charge?
A lawyer may charge a fee for helping you appeal the VA decision on a disability claim. But, current law prohibits lawyers from charging fees for assistance in a claim. This is because the fee is dependent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically the fees will be paid out of any lump-sum payment you receive from the VA.
veterans disability compensation are able to search the database of attorneys who are accredited or claim agents to find accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans disability compensation, service members, dependents, or survivors in a variety of matters such as disability compensation and pension claims.
The majority of veterans' disability advocates are paid on an ad-hoc basis. This means that they only get paid if they win the client's appeal and receive back payment from the VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total benefit amount.
In rare instances, an agent or lawyer might choose to charge an hourly rate. This isn't often the case due to two reasons. First, these situations are often time consuming and can take months or even years. In addition, many veterans and their families don't afford to pay an hourly fee.
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