Veterans Disability Case Tools To Ease Your Daily Lifethe One Veterans…
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Veterans Disability Litigation
Ken counsels military veterans to assist them in obtaining the disability compensation they deserve. He is also a lawyer for his clients at 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 what is VA disability?
The amount of monthly monetary compensation paid to veterans with service-related disabilities is based on their disability rating. This 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 tax-free, and provides a minimum income to the disabled veteran and their family.
VA offers additional compensation through other programs, for example individual unemployment, clothing allowances prestabilization and hospitalization, allowances for automobiles, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for retirement or disability benefits. These additional credits are referred to as "credit for service."
Many of the conditions that qualify disabled veterans for disability benefits are included in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. A veteran lawyer with experience can assist a customer in obtaining this opinion, and supply the evidence required to prove a claim of disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they are entitled to. We have handled hundreds of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.
How do I file a claim?
First, veterans need to find the medical evidence that supports their disability. This includes Xrays, doctor's reports or any other documentation regarding their health. It is important to provide these records to VA. If a veteran does not have these documents, the VA should be notified by the applicant (or their VSO).
The next step is the filing of an intent to file. This form allows the VA review your claim even before you have the needed information and medical records. This form also preserves the date of effective compensation benefits in the event that you succeed in your claim.
When all the information is provided, the VA will schedule an appointment for you. This will depend on the amount and type of disability you claim. Attend this exam as missing it could delay the process of your claim.
The VA will send you a decision package when the examinations have been completed. If the VA refuses to accept the claim you'll have one year to request a higher level review.
A lawyer can help at this point. VA-accredited lawyers can now be involved in the appeals right from the beginning, which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
The denial of veterans' disability benefits can be frustrating. The VA offers an appeals procedure for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice Of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't have to include all of the reasons but you should include everything that you disagree on.
It is also essential to request your C-file (claims file) to see the evidence the VA used to make their decision. There are often incomplete or missing records. This can lead to an error in the rating.
After you have submitted your NOD, you'll be asked if you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a higher chance of success with a DRO review than with the 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" this means they will not accept the previous decision. This usually results in a completely new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the time lengthy appeals procedure and typically takes anywhere from one to three years to receive an updated decision.
What is the cost an attorney could charge?
A lawyer can charge a fee if you appeal an VA decision regarding an appeal for disability. The current law does not permit 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 via an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.
Veterans can search the VA's database of accredited attorneys or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans disability law firms, service members or their dependents in a wide range of matters including pension claims, disability compensation and Veterans claims.
Most veterans' disability advocates work on a contingency basis. This means that they will only be paid if they prevail in the appeal of the client and receive back pay from the VA. The amount of backpay granted can differ however it could be as high as 20 percent of the claimant's past due benefits.
In rare cases attorneys or agents might decide to charge on an per hour basis. This is rare for two reasons. First, these issues are often time consuming and can go on for months or even years. Second, many veterans and their families can't afford an hourly fee.
Ken counsels military veterans to assist them in obtaining the disability compensation they deserve. He is also a lawyer for his clients at 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 what is VA disability?
The amount of monthly monetary compensation paid to veterans with service-related disabilities is based on their disability rating. This 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 tax-free, and provides a minimum income to the disabled veteran and their family.
VA offers additional compensation through other programs, for example individual unemployment, clothing allowances prestabilization and hospitalization, allowances for automobiles, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for retirement or disability benefits. These additional credits are referred to as "credit for service."
Many of the conditions that qualify disabled veterans for disability benefits are included in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. A veteran lawyer with experience can assist a customer in obtaining this opinion, and supply the evidence required to prove a claim of disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they are entitled to. We have handled hundreds of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.
How do I file a claim?
First, veterans need to find the medical evidence that supports their disability. This includes Xrays, doctor's reports or any other documentation regarding their health. It is important to provide these records to VA. If a veteran does not have these documents, the VA should be notified by the applicant (or their VSO).
The next step is the filing of an intent to file. This form allows the VA review your claim even before you have the needed information and medical records. This form also preserves the date of effective compensation benefits in the event that you succeed in your claim.
When all the information is provided, the VA will schedule an appointment for you. This will depend on the amount and type of disability you claim. Attend this exam as missing it could delay the process of your claim.
The VA will send you a decision package when the examinations have been completed. If the VA refuses to accept the claim you'll have one year to request a higher level review.
A lawyer can help at this point. VA-accredited lawyers can now be involved in the appeals right from the beginning, which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
The denial of veterans' disability benefits can be frustrating. The VA offers an appeals procedure for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office that sent you the decision on Rating. In your Notice Of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't have to include all of the reasons but you should include everything that you disagree on.
It is also essential to request your C-file (claims file) to see the evidence the VA used to make their decision. There are often incomplete or missing records. This can lead to an error in the rating.
After you have submitted your NOD, you'll be asked if you want your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a higher chance of success with a DRO review than with the 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" this means they will not accept the previous decision. This usually results in a completely new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the time lengthy appeals procedure and typically takes anywhere from one to three years to receive an updated decision.
What is the cost an attorney could charge?
A lawyer can charge a fee if you appeal an VA decision regarding an appeal for disability. The current law does not permit 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 via an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.
Veterans can search the VA's database of accredited attorneys or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans disability law firms, service members or their dependents in a wide range of matters including pension claims, disability compensation and Veterans claims.
Most veterans' disability advocates work on a contingency basis. This means that they will only be paid if they prevail in the appeal of the client and receive back pay from the VA. The amount of backpay granted can differ however it could be as high as 20 percent of the claimant's past due benefits.
In rare cases attorneys or agents might decide to charge on an per hour basis. This is rare for two reasons. First, these issues are often time consuming and can go on for months or even years. Second, many veterans and their families can't afford an hourly fee.
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