5 Veterans Disability Case Projects For Any Budget
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Veterans Disability Litigation
Ken counsels veterans disability law of the military to assist them in getting the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School veterans disability lawsuit Legal Services Clinic this week, the Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.
What is what is VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans with service-related disabilities. This rating is based upon the severity of the illness or injury and can range from 0% to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides a basic income for disabled veterans and their family.
VA offers additional compensation through other programs, including individual unemployment, clothing allowances prestabilization and hospitalization, automobile allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their disability or retirement benefits. These credits are also referred to as "credit for service."
A majority of the conditions that make veterans for disability compensation are included in the Code of Federal Regulations. However, some of these conditions require an expert's opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and Veterans Disability Litigation present the evidence required to prove an application for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to ensuring that our clients receive the disability benefits that they deserve. We have handled hundreds of disability cases and are knowledgeable in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.
How do I make a claim?
First, veterans must find the medical evidence that supports their impairment. This could include X-rays, doctor's reports, as any other documentation pertaining to the veteran's condition. Giving these records to VA is essential. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).
The next step is a filing of an intent to file. This form permits the VA to review your claim before you have all the information and medical records required. The form also keeps the date on which you will receive your compensation benefits in the event that you have a successful case.
The VA will schedule your exam when all information is received. The VA will schedule the exam based on the severity of your disability and the type you are claiming. Make sure you take the exam, since in the event you fail to take it the exam could delay your claim.
The VA will send you a decision document after the tests have been completed. If the VA rejects the claim, you will have one year to request a higher-level review.
At this stage, a lawyer is able to assist you. VA-accredited lawyers can now be involved in the appeals from the beginning which is a huge advantage for those who are seeking disability benefits.
How do I appeal a denial?
The denial of veterans' disability benefits is a frustrating experience. Thankfully the VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you must list all the points you don't agree with.
You must also request a C-file, or claims file, to determine what evidence the VA used to make their decision. Sometimes, there are missing or incomplete records. This can sometimes 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 more of a chance of success if the DRO reviews your case, compared to when it's reviewed by BVA.
You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will review your claim "de novo" which means they will not accept the previous decision. This typically will result in a brand new Rating Decision. Alternatively, you can choose 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 before you receive a new decision.
How much does a lawyer charge?
A lawyer may charge a fee to help you appeal an VA disability decision. The law as it stands today does not allow lawyers to charge for assistance with a claim in the beginning. This is because the fee is dependent on the lawyer winning your case, or getting your benefits increased by an appeal. Typically the fees are paid out of any lump-sum payment you receive from the VA.
Veterans can find accredited representatives through the VA's searchable database of certified attorneys or claims agents. These people have been accredited by the Department of veterans disability lawyer Affairs to represent veterans, service members, dependents, or survivors in a variety of issues including disability compensation and pension claims.
Most veterans' disability advocates work on a contingency basis. This means that they are only paid if they succeed in winning the appeal of the client and receive 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 benefit.
In rare instances, an agent or lawyer may choose to charge an hourly fee. However, this is uncommon for two reasons. First, these cases are usually time-consuming and can last for months or even years. The second reason is that many veterans and their families can't afford to pay an hourly rate.
Ken counsels veterans disability law of the military to assist them in getting the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School veterans disability lawsuit Legal Services Clinic this week, the Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.
What is what is VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans with service-related disabilities. This rating is based upon the severity of the illness or injury and can range from 0% to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides a basic income for disabled veterans and their family.
VA offers additional compensation through other programs, including individual unemployment, clothing allowances prestabilization and hospitalization, automobile allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their disability or retirement benefits. These credits are also referred to as "credit for service."
A majority of the conditions that make veterans for disability compensation are included in the Code of Federal Regulations. However, some of these conditions require an expert's opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and Veterans Disability Litigation present the evidence required to prove an application for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to ensuring that our clients receive the disability benefits that they deserve. We have handled hundreds of disability cases and are knowledgeable in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.
How do I make a claim?
First, veterans must find the medical evidence that supports their impairment. This could include X-rays, doctor's reports, as any other documentation pertaining to the veteran's condition. Giving these records to VA is essential. If a veteran does not have these documents, the VA must be informed by the claimant (or their VSO).
The next step is a filing of an intent to file. This form permits the VA to review your claim before you have all the information and medical records required. The form also keeps the date on which you will receive your compensation benefits in the event that you have a successful case.
The VA will schedule your exam when all information is received. The VA will schedule the exam based on the severity of your disability and the type you are claiming. Make sure you take the exam, since in the event you fail to take it the exam could delay your claim.
The VA will send you a decision document after the tests have been completed. If the VA rejects the claim, you will have one year to request a higher-level review.
At this stage, a lawyer is able to assist you. VA-accredited lawyers can now be involved in the appeals from the beginning which is a huge advantage for those who are seeking disability benefits.
How do I appeal a denial?
The denial of veterans' disability benefits is a frustrating experience. Thankfully the VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you must list all the points you don't agree with.
You must also request a C-file, or claims file, to determine what evidence the VA used to make their decision. Sometimes, there are missing or incomplete records. This can sometimes 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 more of a chance of success if the DRO reviews your case, compared to when it's reviewed by BVA.
You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will review your claim "de novo" which means they will not accept the previous decision. This typically will result in a brand new Rating Decision. Alternatively, you can choose 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 before you receive a new decision.
How much does a lawyer charge?
A lawyer may charge a fee to help you appeal an VA disability decision. The law as it stands today does not allow lawyers to charge for assistance with a claim in the beginning. This is because the fee is dependent on the lawyer winning your case, or getting your benefits increased by an appeal. Typically the fees are paid out of any lump-sum payment you receive from the VA.
Veterans can find accredited representatives through the VA's searchable database of certified attorneys or claims agents. These people have been accredited by the Department of veterans disability lawyer Affairs to represent veterans, service members, dependents, or survivors in a variety of issues including disability compensation and pension claims.
Most veterans' disability advocates work on a contingency basis. This means that they are only paid if they succeed in winning the appeal of the client and receive 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 benefit.
In rare instances, an agent or lawyer may choose to charge an hourly fee. However, this is uncommon for two reasons. First, these cases are usually time-consuming and can last for months or even years. The second reason is that many veterans and their families can't afford to pay an hourly rate.
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