7 Useful Tips For Making The Most Of Your Veterans Disability Case
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Veterans Disability Litigation
Ken assists veterans in obtaining the disability benefits they deserve. Ken also represents clients in VA Board of veterans disability lawyers Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by rejecting their disability claims in adisproportionate way, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA disability?
The disability rating determines the amount of monthly payments to veterans disability attorneys who have disabilities that are related to service. This rating is based on the severity of the injury or illness and can vary from 0% to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is free of tax and provides a minimum income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans special credits to boost their disability or retirement benefits. These additional credits are known as "credit for service."
Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. Certain of these conditions however require an expert's opinion. An experienced lawyer can assist clients in obtaining this opinion and provide the evidence needed to prove a claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients receive the disability benefits that they are entitled to. We have handled a variety of disability cases and are conversant with the complexities of VA laws and procedures. Our firm was created by a disabled veteran who made fighting for veterans' rights a key part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.
How do I submit a claim?
First, veterans must find the medical evidence to prove their disability. This includes X-rays, doctor's notes or other evidence related to their condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents and the VA should be notified by the applicant (or their VSO).
The next step is a filing of an intention to file. This is a form that allows the VA to review your claim, even before you have all the information and medical records you require. It also preserves your effective date for receiving compensation in the event that you win your case.
The VA will schedule your appointment after all the details have been received. It will depend on the type and number of disability you claim. Make sure you take this exam, as If you don't, it could delay your claim.
Once the tests are complete After the examinations are completed, the VA will examine the evidence and give you a confirmation packet. If the VA denies your claim you have a year from the date of the letter to request a more thorough review.
At this moment, a lawyer will help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is an enormous benefit to people seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a gruelling experience. The VA provides an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office who sent you the Rating decision. 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 list everything you disagree with.
It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. There are often incomplete or missing data. This could lead to an error in the rating.
When you submit your NOD you will need to decide if you would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO examines your case rather than when it's reviewed by the BVA.
With a DRO review, you have the option of asking for an individual hearing before a senior rating specialist. The DRO will examine your claim "de novo", meaning that they will not defer to the previous decision. This usually results in an entirely new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the time taking appeals route and typically can take between one and three years to obtain an updated decision.
How much can an attorney charge?
A lawyer could charge a fee for helping you appeal a VA disability decision. The law in place today does not allow lawyers to charge for initial assistance in a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits by filing an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.
Veterans are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of issues including disability compensation and pension claims.
The majority of veterans disability law firms' disability advocates are paid on a contingency basis. This means that they are only paid if they prevail in the client's appeal and receive back payments from the VA. The amount of backpay that is paid can vary, but it can be as high as 20 percent of the claimant's past due benefits.
In rare instances, an agent or attorney might decide to charge on an the basis of an hourly rate. However, this is uncommon due to two reasons. First, these matters tend to be time-consuming and can take months or even years. The second reason is that many veterans and their families don't afford an hourly fee.
Ken assists veterans in obtaining the disability benefits they deserve. Ken also represents clients in VA Board of veterans disability lawyers Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by rejecting their disability claims in adisproportionate way, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA disability?
The disability rating determines the amount of monthly payments to veterans disability attorneys who have disabilities that are related to service. This rating is based on the severity of the injury or illness and can vary from 0% to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is free of tax and provides a minimum income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans special credits to boost their disability or retirement benefits. These additional credits are known as "credit for service."
Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. Certain of these conditions however require an expert's opinion. An experienced lawyer can assist clients in obtaining this opinion and provide the evidence needed to prove a claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients receive the disability benefits that they are entitled to. We have handled a variety of disability cases and are conversant with the complexities of VA laws and procedures. Our firm was created by a disabled veteran who made fighting for veterans' rights a key part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.
How do I submit a claim?
First, veterans must find the medical evidence to prove their disability. This includes X-rays, doctor's notes or other evidence related to their condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents and the VA should be notified by the applicant (or their VSO).
The next step is a filing of an intention to file. This is a form that allows the VA to review your claim, even before you have all the information and medical records you require. It also preserves your effective date for receiving compensation in the event that you win your case.
The VA will schedule your appointment after all the details have been received. It will depend on the type and number of disability you claim. Make sure you take this exam, as If you don't, it could delay your claim.
Once the tests are complete After the examinations are completed, the VA will examine the evidence and give you a confirmation packet. If the VA denies your claim you have a year from the date of the letter to request a more thorough review.
At this moment, a lawyer will help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is an enormous benefit to people seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a gruelling experience. The VA provides an appeals procedure for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office who sent you the Rating decision. 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 list everything you disagree with.
It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. There are often incomplete or missing data. This could lead to an error in the rating.
When you submit your NOD you will need to decide if you would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO examines your case rather than when it's reviewed by the BVA.
With a DRO review, you have the option of asking for an individual hearing before a senior rating specialist. The DRO will examine your claim "de novo", meaning that they will not defer to the previous decision. This usually results in an entirely new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the time taking appeals route and typically can take between one and three years to obtain an updated decision.
How much can an attorney charge?
A lawyer could charge a fee for helping you appeal a VA disability decision. The law in place today does not allow lawyers to charge for initial assistance in a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits by filing an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.
Veterans are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of issues including disability compensation and pension claims.
The majority of veterans disability law firms' disability advocates are paid on a contingency basis. This means that they are only paid if they prevail in the client's appeal and receive back payments from the VA. The amount of backpay that is paid can vary, but it can be as high as 20 percent of the claimant's past due benefits.
In rare instances, an agent or attorney might decide to charge on an the basis of an hourly rate. However, this is uncommon due to two reasons. First, these matters tend to be time-consuming and can take months or even years. The second reason is that many veterans and their families don't afford an hourly fee.
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