Veterans Disability Case Tools To Help You Manage Your Everyday Lifeth…
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Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims in an action filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA disability?
The amount of monetary compensation per month paid to veterans with disabilities resulting from service is based on their disability rating. The rating is determined by the severity of the illness or injury and can range from 0% up to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The amount is devoid of tax and provides a basic amount of income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation, such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits that they can use to boost their earnings over time to qualify for retirement or disability benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. However, a few of these conditions require an expert's advice. An experienced lawyer can assist clients in obtaining this opinion and provide the evidence required to prove the claim for disability benefits.
Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands disability cases and we are well-versed with the complexities of VA laws and procedures. Our firm was founded in 1996 by a disabled vet who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.
How do I submit a claim?
First, veterans need to find the medical evidence to prove their condition. This includes X-rays and doctor's reports, as any other documentation pertaining to the condition of the veteran. It is vital to provide these documents to the VA. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).
The next step is a filing of an intention to file. This form permits the VA to begin reviewing your claim before you have all the information and medical records that you require. It also protects your effective date for compensation benefits in the event that you win your case.
Once all the information is submitted When all the information is submitted, the VA will schedule an appointment for you. It will depend on the number and type of disabilities you are claiming. Attend this exam as missing it could delay the process of your claim.
After the examinations have been completed After the examinations are completed, the VA will review the evidence and send you a decision package. If the VA denies the claim, you will have one year to request a higher-level review.
A lawyer can help you in this situation. Accredited lawyers from VA can be involved in the appeals from the beginning, which is a huge advantage for those who are seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability [Http://led-5i8l419h33n.Net/] benefits can be a frustrating experience. Thankfully that the VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. You don't need to list all the reasons however, you must mention all the points you disagree with.
It's also important to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. Sometimes, there are missing or insufficient records. This can lead to an error in the rating.
When you submit your NOD, you'll be asked to choose whether you would like your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general, you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.
In the event of the DRO review you have the option of requesting an individual hearing before a senior rating specialist. The DRO will review your claim "de novo" which means they will not be influenced by the previous decision. This typically results in a totally new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most time taking appeals route and typically takes one to three years to obtain a new decision.
How much does an attorney charge?
Lawyers can charge a fee if you appeal an VA decision on a disability claim. The current law does not permit lawyers to charge for assistance with a claim in the beginning. This is because the fee is dependent on the lawyer prevailing in your case, or having your benefits increased through an appeal. Typically the fees are directly derived from any lump-sum payments you receive from the VA.
Veterans can find accredited representatives via the VA's searchable database that lists certified attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors on a range of issues including disability compensation and pension claims.
Most disability advocates for veterans are paid on a contingent basis. This means that they only get paid if they are successful in winning the appeal of the client and get back payments from the VA. The amount of backpay that is awarded can vary but it could be as high as 20 percent of the claimant's past-due benefits.
In rare instances an attorney or agent could decide to charge an hourly rate. However, this is not the norm due to two reasons. First, these cases are often time consuming and can last for months or even years. In addition, many veterans disability attorneys and their families can't afford to pay an hourly rate.
Ken helps veterans obtain the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims in an action filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA disability?
The amount of monetary compensation per month paid to veterans with disabilities resulting from service is based on their disability rating. The rating is determined by the severity of the illness or injury and can range from 0% up to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The amount is devoid of tax and provides a basic amount of income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation, such as individual unemployability, automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits that they can use to boost their earnings over time to qualify for retirement or disability benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. However, a few of these conditions require an expert's advice. An experienced lawyer can assist clients in obtaining this opinion and provide the evidence required to prove the claim for disability benefits.
Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands disability cases and we are well-versed with the complexities of VA laws and procedures. Our firm was founded in 1996 by a disabled vet who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.
How do I submit a claim?
First, veterans need to find the medical evidence to prove their condition. This includes X-rays and doctor's reports, as any other documentation pertaining to the condition of the veteran. It is vital to provide these documents to the VA. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).
The next step is a filing of an intention to file. This form permits the VA to begin reviewing your claim before you have all the information and medical records that you require. It also protects your effective date for compensation benefits in the event that you win your case.
Once all the information is submitted When all the information is submitted, the VA will schedule an appointment for you. It will depend on the number and type of disabilities you are claiming. Attend this exam as missing it could delay the process of your claim.
After the examinations have been completed After the examinations are completed, the VA will review the evidence and send you a decision package. If the VA denies the claim, you will have one year to request a higher-level review.
A lawyer can help you in this situation. Accredited lawyers from VA can be involved in the appeals from the beginning, which is a huge advantage for those who are seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability [Http://led-5i8l419h33n.Net/] benefits can be a frustrating experience. Thankfully that the VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. You don't need to list all the reasons however, you must mention all the points you disagree with.
It's also important to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. Sometimes, there are missing or insufficient records. This can lead to an error in the rating.
When you submit your NOD, you'll be asked to choose whether you would like your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general, you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.
In the event of the DRO review you have the option of requesting an individual hearing before a senior rating specialist. The DRO will review your claim "de novo" which means they will not be influenced by the previous decision. This typically results in a totally new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most time taking appeals route and typically takes one to three years to obtain a new decision.
How much does an attorney charge?
Lawyers can charge a fee if you appeal an VA decision on a disability claim. The current law does not permit lawyers to charge for assistance with a claim in the beginning. This is because the fee is dependent on the lawyer prevailing in your case, or having your benefits increased through an appeal. Typically the fees are directly derived from any lump-sum payments you receive from the VA.
Veterans can find accredited representatives via the VA's searchable database that lists certified attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans and their dependents or survivors on a range of issues including disability compensation and pension claims.
Most disability advocates for veterans are paid on a contingent basis. This means that they only get paid if they are successful in winning the appeal of the client and get back payments from the VA. The amount of backpay that is awarded can vary but it could be as high as 20 percent of the claimant's past-due benefits.
In rare instances an attorney or agent could decide to charge an hourly rate. However, this is not the norm due to two reasons. First, these cases are often time consuming and can last for months or even years. In addition, many veterans disability attorneys and their families can't afford to pay an hourly rate.
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