What's The Reason Veterans Disability Case Is Fast Becoming The Hottes…
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Veterans Disability Litigation
Ken assists veterans to obtain the disability benefits they are entitled to. He assists his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for years by generally denying their disability claims, according to a lawsuit filed last week by Yale Law School's veterans disability attorneys Legal Services Clinic.
What is what is VA disability?
The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. This rating is based on the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their family.
The VA also offers other programs that offer additional compensation such as individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the standard 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 additional credits are referred to as "credit for service."
Code of Federal Regulations lists a variety of conditions that make a veteran eligible for disability compensation. Certain of these conditions however require the opinion of an expert. An experienced veteran lawyer can assist a client to obtain 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 ensuring that our clients obtain the disability benefits that they are entitled to. We have handled hundreds of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
First, veterans must locate the medical evidence for their impairment. This includes X-rays and doctor's reports as well with any other documentation that is related to the veteran's condition. It is important to provide these records to VA. If a veteran does not 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 is a form that allows the VA to begin reviewing your claim even before you have all the information and medical records required. It also ensures that you have an effective date for receiving compensation if you win your case.
Once all the information is submitted when all the information is in, the VA will schedule an exam for you. This will be dependent on the type and number of disabilities you are claiming. If you fail to attend this test, it could delay the process of your claim.
The VA will send you a decision document after the examinations are completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.
At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a an enormous benefit to those who are seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a gruelling experience. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you have to tell the VA why you are not happy with their decision. You don't need to list every reason, but you should be clear about the issues you disagree with.
You must also request your C-file, or claims file, so that you can determine what evidence the VA used to make their decision. Sometimes there are missing or insufficient records. This can lead to a mistake in the rating.
When you file your NOD you must choose whether you would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO reviews your case, compared to when it's reviewed by BVA.
In the event of an DRO review you have the option of requesting a personal hearing before a senior rating specialist. The DRO will conduct a review of your claim on a "de novo" basis, which means they will not give deference to the previous decision. This usually results in a new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and can take up to three years to reach an appeal to be heard.
How much can a lawyer charge?
Lawyers can charge a fee to help you appeal the VA decision on the basis of disability. But, current law prohibits lawyers from charging for assistance when submitting a claim. This is due to the fact that the fee must be dependent on the lawyer prevailing in your case or getting your benefits increased through an appeal. Typically, these fees will be paid directly out of any lump-sum payments you receive from the VA.
Veterans are able to search the 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 or their dependents on a range of issues including disability compensation and pension claims.
Most disability advocates for veterans are paid on the basis of a contingent. This means that they will only be paid if they succeed in winning the appeal of the client and get back payment from the VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total past due benefit award.
In rare instances lawyers or agents may choose to charge an hourly rate. This isn't often the case due to two reasons. These issues can take a long time to resolve. The second reason is that many veterans and their families are unable to afford to pay an hourly fee.
Ken assists veterans to obtain the disability benefits they are entitled to. He assists his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for years by generally denying their disability claims, according to a lawsuit filed last week by Yale Law School's veterans disability attorneys Legal Services Clinic.
What is what is VA disability?
The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. This rating is based on the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their family.
The VA also offers other programs that offer additional compensation such as individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the standard 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 additional credits are referred to as "credit for service."
Code of Federal Regulations lists a variety of conditions that make a veteran eligible for disability compensation. Certain of these conditions however require the opinion of an expert. An experienced veteran lawyer can assist a client to obtain 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 ensuring that our clients obtain the disability benefits that they are entitled to. We have handled hundreds of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
First, veterans must locate the medical evidence for their impairment. This includes X-rays and doctor's reports as well with any other documentation that is related to the veteran's condition. It is important to provide these records to VA. If a veteran does not 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 is a form that allows the VA to begin reviewing your claim even before you have all the information and medical records required. It also ensures that you have an effective date for receiving compensation if you win your case.
Once all the information is submitted when all the information is in, the VA will schedule an exam for you. This will be dependent on the type and number of disabilities you are claiming. If you fail to attend this test, it could delay the process of your claim.
The VA will send you a decision document after the examinations are completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.
At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a an enormous benefit to those who are seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a gruelling experience. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you have to tell the VA why you are not happy with their decision. You don't need to list every reason, but you should be clear about the issues you disagree with.
You must also request your C-file, or claims file, so that you can determine what evidence the VA used to make their decision. Sometimes there are missing or insufficient records. This can lead to a mistake in the rating.
When you file your NOD you must choose whether you would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO reviews your case, compared to when it's reviewed by BVA.
In the event of an DRO review you have the option of requesting a personal hearing before a senior rating specialist. The DRO will conduct a review of your claim on a "de novo" basis, which means they will not give deference to the previous decision. This usually results in a new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and can take up to three years to reach an appeal to be heard.
How much can a lawyer charge?
Lawyers can charge a fee to help you appeal the VA decision on the basis of disability. But, current law prohibits lawyers from charging for assistance when submitting a claim. This is due to the fact that the fee must be dependent on the lawyer prevailing in your case or getting your benefits increased through an appeal. Typically, these fees will be paid directly out of any lump-sum payments you receive from the VA.
Veterans are able to search the 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 or their dependents on a range of issues including disability compensation and pension claims.
Most disability advocates for veterans are paid on the basis of a contingent. This means that they will only be paid if they succeed in winning the appeal of the client and get back payment from the VA. The amount of back pay that is paid varies, but may be as high as 20 percent of the claimant's total past due benefit award.
In rare instances lawyers or agents may choose to charge an hourly rate. This isn't often the case due to two reasons. These issues can take a long time to resolve. The second reason is that many veterans and their families are unable to afford to pay an hourly fee.
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