Veterans Disability Case Tips That Will Change Your Life
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veterans disability lawsuit Disability Litigation
Ken helps veterans obtain the disability benefits 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, disproportionately refusing their disability claims.
What is what is VA Disability?
The amount of monetary compensation per month given to veterans with service connected disabilities is based on their disability rating. This rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The compensation is free of tax and provides a basic source of income to the disabled veteran and his family.
VA provides additional compensation through other programs, like individual unemployment allowances for clothing, hospitalization and prestabilization, allowances for automobiles, and hospitalization allowances. These are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credit that they can use to increase their lifetime earnings and be eligible for disability or retirement benefits. These extra credits are referred to as "credit for service."
Many of the conditions that allow an individual for disability compensation are included in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. An experienced veteran lawyer can assist clients in obtaining this opinion and present the evidence required to prove the claim for disability benefits.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are conversant with the intricacies of VA rules and regulations. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.
How do I file a claim?
First, veterans must locate the medical evidence for their disability. This includes any X-rays, doctor's notes or other evidence related to their medical condition. Making these records available to the VA is vital. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).
The next step is the filing of an intention to file. This is a form that allows the VA to begin reviewing your claim, even before you have all the information and medical records you need. It also preserves your effective date for receiving compensation should you prevail in your case.
The VA will schedule your examination after all the information has been received. It will depend on the number and type of disabilities you are claiming. Make sure you attend this test, because if you miss it the exam could delay your claim.
The VA will send you a decision package after the examinations are completed. If the VA refuses to accept the claim you'll have a year to request a higher-level review.
At this point, a lawyer can 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 those who seek disability benefits.
How do I appeal a denial?
The denial of disability benefits for veterans is a frustrating experience. The VA provides an appeals procedure 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 Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to give every reason, but you should be clear about the issues you don't agree with.
It's also crucial to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are often incomplete or missing records. This can result in a mistake in the rating.
When you file your NOD, it is up to you to decide if prefer to have your situation 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 examines your case than 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 examine your claim "de novo" which means that they will not defer to the previous decision. This usually results in the issue of a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most lengthy appeals process, and it could take approximately three years to get an update on the decision.
How much can a lawyer charge?
A lawyer can charge a fee to help appeal an VA decision regarding an appeal for disability. However, current law prevents lawyers from charging fees to assist with a claim. This is because the fee must be contingent on the lawyer winning your case, or getting your benefits increased through an appeal. The fees are typically paid directly from 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 locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors on a range of issues including pension and disability compensation claims.
The majority of veterans' disability advocates are paid on an ad-hoc basis. This means that they will only be paid if they win the client's appeal and are awarded back pay from the VA. The amount of backpay that is given can be different however it could be as high as 20 percent of the claimant's past-due benefits.
In rare instances, an agent or lawyer might decide to charge an hourly fee. However, this is not the norm due to two reasons. These issues can take months or years to be resolved. Second, many veterans disability law firm and their families cannot afford to pay an hourly rate.
Ken helps veterans obtain the disability benefits 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, disproportionately refusing their disability claims.
What is what is VA Disability?
The amount of monetary compensation per month given to veterans with service connected disabilities is based on their disability rating. This rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The compensation is free of tax and provides a basic source of income to the disabled veteran and his family.
VA provides additional compensation through other programs, like individual unemployment allowances for clothing, hospitalization and prestabilization, allowances for automobiles, and hospitalization allowances. These are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credit that they can use to increase their lifetime earnings and be eligible for disability or retirement benefits. These extra credits are referred to as "credit for service."
Many of the conditions that allow an individual for disability compensation are included in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. An experienced veteran lawyer can assist clients in obtaining this opinion and present the evidence required to prove the claim for disability benefits.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are conversant with the intricacies of VA rules and regulations. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.
How do I file a claim?
First, veterans must locate the medical evidence for their disability. This includes any X-rays, doctor's notes or other evidence related to their medical condition. Making these records available to the VA is vital. If a veteran doesn't have these documents then the VA should be notified by the claimant (or their VSO).
The next step is the filing of an intention to file. This is a form that allows the VA to begin reviewing your claim, even before you have all the information and medical records you need. It also preserves your effective date for receiving compensation should you prevail in your case.
The VA will schedule your examination after all the information has been received. It will depend on the number and type of disabilities you are claiming. Make sure you attend this test, because if you miss it the exam could delay your claim.
The VA will send you a decision package after the examinations are completed. If the VA refuses to accept the claim you'll have a year to request a higher-level review.
At this point, a lawyer can 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 those who seek disability benefits.
How do I appeal a denial?
The denial of disability benefits for veterans is a frustrating experience. The VA provides an appeals procedure 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 Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to give every reason, but you should be clear about the issues you don't agree with.
It's also crucial to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are often incomplete or missing records. This can result in a mistake in the rating.
When you file your NOD, it is up to you to decide if prefer to have your situation 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 examines your case than 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 examine your claim "de novo" which means that they will not defer to the previous decision. This usually results in the issue of a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most lengthy appeals process, and it could take approximately three years to get an update on the decision.
How much can a lawyer charge?
A lawyer can charge a fee to help appeal an VA decision regarding an appeal for disability. However, current law prevents lawyers from charging fees to assist with a claim. This is because the fee must be contingent on the lawyer winning your case, or getting your benefits increased through an appeal. The fees are typically paid directly from 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 locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors on a range of issues including pension and disability compensation claims.
The majority of veterans' disability advocates are paid on an ad-hoc basis. This means that they will only be paid if they win the client's appeal and are awarded back pay from the VA. The amount of backpay that is given can be different however it could be as high as 20 percent of the claimant's past-due benefits.
In rare instances, an agent or lawyer might decide to charge an hourly fee. However, this is not the norm due to two reasons. These issues can take months or years to be resolved. Second, many veterans disability law firm and their families cannot afford to pay an hourly rate.
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