An Easy-To-Follow Guide To Choosing Your Veterans Disability Case
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Veterans Disability Litigation
Ken advises veterans of the military to help them get the disability compensation they are entitled to. He also represents his clients in VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, discriminating against their disability claims in a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA Disability?
The amount of monthly monetary compensation that veterans receive for service-related disabilities is determined on their disability rating. The rating is based on the severity of the illness or injury and can range from 0% to 100% in 10% increments (e.g., 20 percent, 30%, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.
VA offers additional compensation through other programs, for example individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, and hospitalization allowances. These are in addition to the basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans disability compensation special credits to increase their disability or retirement benefits. These extra credits are known as "credit for service."
Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. Certain of these conditions, however, require an expert's opinion. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the proof needed to support an application for disability compensation.
Sullivan & Kehoe is experienced in representing veterans disability settlement with disabilities claims and appeals. We are dedicated to assisting our clients to receive the benefits they're entitled to. We have handled hundreds of disability cases and are knowledgeable in the complex nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans rights a key part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.
How do I file a claim?
Veterans need to first collect the medical evidence to prove their disability. This could include X-rays, doctor's reports, as well as any other documentation related to the veteran's condition. Providing 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 the filing of an intention to file. This form permits the VA to begin reviewing your claim, even before you have all the information and medical records required. It also protects your effective date for receiving compensation if you win your case.
If all the required information is provided, the VA will schedule an appointment for you. The VA will schedule an exam based on the severity of your disability and the type of disability you claim. Make sure you attend this test, because should you miss it this could affect your claim.
The VA will send you a decision package after the examinations are completed. If the VA rejects the claim, you'll have one year to request a more thorough review.
A lawyer can assist you at this point. Accredited lawyers from VA can be involved in appeals from the start, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a very frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your notice of disagreement, you must tell the VA why you disagree with their decision. You don't have to give every reason, Veterans Disability Litigation but you should mention all the aspects you disagree with.
It's also important to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. Sometimes there are missing or insufficient records. This could lead to a mistake in the rating.
If you file your NOD, you will be asked to decide if you want your case reviewed by an Board of veterans disability lawyers Appeals or a Decision Review officer. In general you'll have more of a chance of success when the DRO examines your case rather than if it's reviewed by the BVA.
With 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", meaning that they will not defer to the previous decision. This typically results in the issue of a new Rating Decision. You can also have the BVA in Washington review your claim. This is the most lengthy appeals process and it can take up to three years before you receive an appeal to be heard.
How much will a lawyer charge?
Lawyers can charge a fee to help appeal the VA decision regarding the basis of disability. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. Typically these fees are paid directly out of any lump-sum payments you receive from the VA.
Veterans can look through the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These representatives are accredited by the Department of veterans disability claim Affairs and are able to represent service members, veterans or their dependents in a wide range of issues such as pension claims, disability compensation and claims.
The majority of veterans' disability advocates work on a contingency basis. This means that they are only paid if they win the client's appeal and receive back pay from the VA. The amount of back pay that is given varies, but it can be as high as 20 percent of the claimant's total benefit amount.
In rare instances attorneys or agents might decide to charge on an an hourly basis. But, this isn't common due to two reasons. These issues can take a long time to be resolved. The second reason is that many veterans and their families can't afford to pay an hourly rate.
Ken advises veterans of the military to help them get the disability compensation they are entitled to. He also represents his clients in VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, discriminating against their disability claims in a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA Disability?
The amount of monthly monetary compensation that veterans receive for service-related disabilities is determined on their disability rating. The rating is based on the severity of the illness or injury and can range from 0% to 100% in 10% increments (e.g., 20 percent, 30%, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.
VA offers additional compensation through other programs, for example individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, and hospitalization allowances. These are in addition to the basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans disability compensation special credits to increase their disability or retirement benefits. These extra credits are known as "credit for service."
Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. Certain of these conditions, however, require an expert's opinion. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the proof needed to support an application for disability compensation.
Sullivan & Kehoe is experienced in representing veterans disability settlement with disabilities claims and appeals. We are dedicated to assisting our clients to receive the benefits they're entitled to. We have handled hundreds of disability cases and are knowledgeable in the complex nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans rights a key part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.
How do I file a claim?
Veterans need to first collect the medical evidence to prove their disability. This could include X-rays, doctor's reports, as well as any other documentation related to the veteran's condition. Providing 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 the filing of an intention to file. This form permits the VA to begin reviewing your claim, even before you have all the information and medical records required. It also protects your effective date for receiving compensation if you win your case.
If all the required information is provided, the VA will schedule an appointment for you. The VA will schedule an exam based on the severity of your disability and the type of disability you claim. Make sure you attend this test, because should you miss it this could affect your claim.
The VA will send you a decision package after the examinations are completed. If the VA rejects the claim, you'll have one year to request a more thorough review.
A lawyer can assist you at this point. Accredited lawyers from VA can be involved in appeals from the start, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a very frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your notice of disagreement, you must tell the VA why you disagree with their decision. You don't have to give every reason, Veterans Disability Litigation but you should mention all the aspects you disagree with.
It's also important to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. Sometimes there are missing or insufficient records. This could lead to a mistake in the rating.
If you file your NOD, you will be asked to decide if you want your case reviewed by an Board of veterans disability lawyers Appeals or a Decision Review officer. In general you'll have more of a chance of success when the DRO examines your case rather than if it's reviewed by the BVA.
With 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", meaning that they will not defer to the previous decision. This typically results in the issue of a new Rating Decision. You can also have the BVA in Washington review your claim. This is the most lengthy appeals process and it can take up to three years before you receive an appeal to be heard.
How much will a lawyer charge?
Lawyers can charge a fee to help appeal the VA decision regarding the basis of disability. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable if the lawyer wins your case or increases your benefits through an appeal. Typically these fees are paid directly out of any lump-sum payments you receive from the VA.
Veterans can look through the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These representatives are accredited by the Department of veterans disability claim Affairs and are able to represent service members, veterans or their dependents in a wide range of issues such as pension claims, disability compensation and claims.
The majority of veterans' disability advocates work on a contingency basis. This means that they are only paid if they win the client's appeal and receive back pay from the VA. The amount of back pay that is given varies, but it can be as high as 20 percent of the claimant's total benefit amount.
In rare instances attorneys or agents might decide to charge on an an hourly basis. But, this isn't common due to two reasons. These issues can take a long time to be resolved. The second reason is that many veterans and their families can't afford to pay an hourly rate.
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