How To Choose The Right Veterans Disability Case On The Internet
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Veterans Disability Litigation
Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they deserve. Ken also represents 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 Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.
What is a VA Disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with service-related disabilities. This rating is based upon the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for disabled veterans and their families.
VA provides additional compensation through other programs, such as individual unemployment allowances for clothing prestabilization and hospitalization, allowances for automobiles, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits that they can utilize to increase their earnings over time to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. However, some of these conditions require an expert's opinion. An experienced lawyer can assist a client in obtaining this opinion, and supply the evidence required to prove the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and Veterans Disability Law Firms appeals. We are committed to ensuring that our clients get the disability benefits that they are entitled to. We have handled hundreds of disability cases and are knowledgeable in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself in a Board of veterans disability law firm Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I submit a claim?
Veterans must first find the medical evidence to prove their disability. This includes X-rays or doctor's notes, as well as any other documentation related to the condition of the veteran. It is essential to submit these records to VA. 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 is a form that permits the VA to begin reviewing your claim even before you have all the information and medical records you require. This form also protects the effective date of your compensation benefits in case you have a successful case.
If all the required information is in after all the information has been received, the VA will arrange an examination for you. The VA will set the date for the examination in accordance with the number of disabilities and the type of disability you claim. Attend this exam as missing it could delay the process of your claim.
Once the examinations are complete Once the examinations are complete, after the examinations are completed, VA will examine the evidence and veterans disability Law firms give you a confirmation packet. If the VA decides to deny the claim, you'll have a year to request a higher-level review.
A lawyer can help in this situation. Accredited lawyers from VA can be involved in appeals right 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 can be frustrating. The VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disparage, you should tell the VA why you are not happy with their decision. It is not necessary to list every reason, but you must be clear about the issues you don't agree with.
You must also request a C-file or claims file to see the evidence that the VA used to reach their decision. In many cases there are gaps or insufficient records. In some cases this could result in an error in the rating decision.
When you submit your NOD you will need to decide if you prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO reviews your case, compared to when it's reviewed by BVA.
You can request a personal hearing with a senior rating expert through the process of a DRO review. The DRO will examine your claim "de novo" which means that they will not rely on the previous decision. This usually results in an entirely new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest appeals process and it can take approximately three years to get a new decision.
How much can a lawyer charge?
A lawyer can charge a fee for assisting you appeal a VA disability decision. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. Typically the fees are paid directly from any lump-sum payments you get from the VA.
Veterans can look through the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans or their dependents in a range of issues such as disability compensation and pension claims.
The majority of veterans' disability advocates are paid on the basis of a contingent. They only get paid when they prevail in their client's appeal and they receive back pay from VA. The amount of backpay that is awarded can vary however it could be as high as 20 percent of the claimant's past-due benefits.
In rare cases lawyers or agents could decide to charge an hourly rate. This is uncommon due to two reasons. These issues could take months or even years to be resolved. Additionally, many Veterans disability law Firms and their families can't afford to pay on an hourly basis.
Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they deserve. Ken also represents 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 Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.
What is a VA Disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with service-related disabilities. This rating is based upon the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for disabled veterans and their families.
VA provides additional compensation through other programs, such as individual unemployment allowances for clothing prestabilization and hospitalization, allowances for automobiles, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits that they can utilize to increase their earnings over time to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. However, some of these conditions require an expert's opinion. An experienced lawyer can assist a client in obtaining this opinion, and supply the evidence required to prove the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and Veterans Disability Law Firms appeals. We are committed to ensuring that our clients get the disability benefits that they are entitled to. We have handled hundreds of disability cases and are knowledgeable in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after having successfully represented himself in a Board of veterans disability law firm Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I submit a claim?
Veterans must first find the medical evidence to prove their disability. This includes X-rays or doctor's notes, as well as any other documentation related to the condition of the veteran. It is essential to submit these records to VA. 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 is a form that permits the VA to begin reviewing your claim even before you have all the information and medical records you require. This form also protects the effective date of your compensation benefits in case you have a successful case.
If all the required information is in after all the information has been received, the VA will arrange an examination for you. The VA will set the date for the examination in accordance with the number of disabilities and the type of disability you claim. Attend this exam as missing it could delay the process of your claim.
Once the examinations are complete Once the examinations are complete, after the examinations are completed, VA will examine the evidence and veterans disability Law firms give you a confirmation packet. If the VA decides to deny the claim, you'll have a year to request a higher-level review.
A lawyer can help in this situation. Accredited lawyers from VA can be involved in appeals right 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 can be frustrating. The VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disparage, you should tell the VA why you are not happy with their decision. It is not necessary to list every reason, but you must be clear about the issues you don't agree with.
You must also request a C-file or claims file to see the evidence that the VA used to reach their decision. In many cases there are gaps or insufficient records. In some cases this could result in an error in the rating decision.
When you submit your NOD you will need to decide if you prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO reviews your case, compared to when it's reviewed by BVA.
You can request a personal hearing with a senior rating expert through the process of a DRO review. The DRO will examine your claim "de novo" which means that they will not rely on the previous decision. This usually results in an entirely new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest appeals process and it can take approximately three years to get a new decision.
How much can a lawyer charge?
A lawyer can charge a fee for assisting you appeal a VA disability decision. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. Typically the fees are paid directly from any lump-sum payments you get from the VA.
Veterans can look through the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans or their dependents in a range of issues such as disability compensation and pension claims.
The majority of veterans' disability advocates are paid on the basis of a contingent. They only get paid when they prevail in their client's appeal and they receive back pay from VA. The amount of backpay that is awarded can vary however it could be as high as 20 percent of the claimant's past-due benefits.
In rare cases lawyers or agents could decide to charge an hourly rate. This is uncommon due to two reasons. These issues could take months or even years to be resolved. Additionally, many Veterans disability law Firms and their families can't afford to pay on an hourly basis.
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