Veterans Disability Case Tools To Streamline Your Daily Life Veterans …
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Veterans Disability Litigation
Ken assists veterans disability lawyers to obtain the disability benefits they are entitled to. 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 discriminating against their disability claims.
What is a VA disability?
The amount of monthly monetary compensation provided to veterans suffering from disabilities resulting from service is based on their disability rating. This rating is determined by the severity of an injury or illness and may range between zero and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their family.
The VA also offers other programs that offer additional compensation such as the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the regular disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for disability or retirement benefits. These extra credits are called "credit for service."
Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. However, certain conditions require an expert's advice. A seasoned veteran attorney can assist a client obtain this opinion and provide the evidence needed to support a claim of disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients get the disability benefits they deserve. We have handled hundreds of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans' rights a top priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first locate the medical evidence to prove their impairment. This includes X-rays and doctor's reports as well in any other documentation related to the veteran's condition. It is crucial to provide these documents to the VA. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to file an intent to file. This form allows the VA to review your claim, even before you have all the medical records that you require. The form also keeps the date you can start receiving your compensation benefits in the event you have a successful case.
The VA will schedule your medical exam once all of the details have been received. This will be dependent on the number and type of disability you claim. Make sure you attend this test, because if you miss it and fail to take it, it could hinder your claim.
Once the examinations are complete Once the examinations are complete, the VA will examine the evidence and give you a decision packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.
A lawyer can be of assistance at this point. Accredited lawyers from VA can be involved in the appeals from the beginning, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a gruelling experience. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement you should state to the VA why you were dissatisfied with their decision. You don't have to include all of the reasons but you should list all the points you disagree with.
You must also request your C-file, or claims file, so that you can determine the evidence that the VA used to make their decision. Most of the time there are gaps or incomplete records. This could lead to an error in the rating.
When you file your NOD, you'll be asked to decide if you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a better chance of success when you opt for a DRO review than with the BVA.
In the event of the DRO review, you can request an individual hearing before an experienced senior rating specialist. The DRO will review your claim "de de novo" this means they will not rely on the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest appeals procedure and can take up to three years before you receive a new decision.
How much can a lawyer charge?
A lawyer may charge a fee for helping you appeal the VA decision on an appeal for disability. However, current law prevents lawyers from charging fees for assistance with a claim. This is due to the fact that the fee has to be 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 payments you receive from the VA.
Veterans can use the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. These individuals are accredited by the Department of Veterans Affairs and can represent service members, veterans or their dependents in a wide variety of cases that include pension claims and disability compensation claims.
The majority of veterans' disability advocates are paid on an hourly 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 backpay given can be different, but it can be as high as 20 percent of a claimant's past due benefits.
In rare instances an attorney or agent may decide to charge on an the basis of an hourly rate. But, this isn't common due to two reasons. These issues can take months or even years to be resolved. The second reason is that most veterans and their families are unable to afford to pay for these services on an hourly basis.
Ken assists veterans disability lawyers to obtain the disability benefits they are entitled to. 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 discriminating against their disability claims.
What is a VA disability?
The amount of monthly monetary compensation provided to veterans suffering from disabilities resulting from service is based on their disability rating. This rating is determined by the severity of an injury or illness and may range between zero and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is tax-free and provides a basic income to the disabled veteran and their family.
The VA also offers other programs that offer additional compensation such as the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to the regular disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for disability or retirement benefits. These extra credits are called "credit for service."
Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. However, certain conditions require an expert's advice. A seasoned veteran attorney can assist a client obtain this opinion and provide the evidence needed to support a claim of disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients get the disability benefits they deserve. We have handled hundreds of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans' rights a top priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first locate the medical evidence to prove their impairment. This includes X-rays and doctor's reports as well in any other documentation related to the veteran's condition. It is crucial to provide these documents to the VA. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to file an intent to file. This form allows the VA to review your claim, even before you have all the medical records that you require. The form also keeps the date you can start receiving your compensation benefits in the event you have a successful case.
The VA will schedule your medical exam once all of the details have been received. This will be dependent on the number and type of disability you claim. Make sure you attend this test, because if you miss it and fail to take it, it could hinder your claim.
Once the examinations are complete Once the examinations are complete, the VA will examine the evidence and give you a decision packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.
A lawyer can be of assistance at this point. Accredited lawyers from VA can be involved in the appeals from the beginning, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a gruelling experience. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement you should state to the VA why you were dissatisfied with their decision. You don't have to include all of the reasons but you should list all the points you disagree with.
You must also request your C-file, or claims file, so that you can determine the evidence that the VA used to make their decision. Most of the time there are gaps or incomplete records. This could lead to an error in the rating.
When you file your NOD, you'll be asked to decide if you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a better chance of success when you opt for a DRO review than with the BVA.
In the event of the DRO review, you can request an individual hearing before an experienced senior rating specialist. The DRO will review your claim "de de novo" this means they will not rely on the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest appeals procedure and can take up to three years before you receive a new decision.
How much can a lawyer charge?
A lawyer may charge a fee for helping you appeal the VA decision on an appeal for disability. However, current law prevents lawyers from charging fees for assistance with a claim. This is due to the fact that the fee has to be 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 payments you receive from the VA.
Veterans can use the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. These individuals are accredited by the Department of Veterans Affairs and can represent service members, veterans or their dependents in a wide variety of cases that include pension claims and disability compensation claims.
The majority of veterans' disability advocates are paid on an hourly 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 backpay given can be different, but it can be as high as 20 percent of a claimant's past due benefits.
In rare instances an attorney or agent may decide to charge on an the basis of an hourly rate. But, this isn't common due to two reasons. These issues can take months or even years to be resolved. The second reason is that most veterans and their families are unable to afford to pay for these services on an hourly basis.
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