Veterans Disability Case Tips That Can Change Your Life
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Veterans Disability Litigation
Ken assists veterans to get the disability benefits they deserve. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of veterans disability law firms Affairs discriminated against Black veterans disability attorney for decades, rejecting their disability claims in adisproportionate way as per 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 compensation that is paid to veterans who have disabilities that are related to service. This rating is based upon the severity of an illness or injury, and can range between 0% and 100% in increments of 10 percent (e.g. 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their families.
VA provides additional compensation through other programs, for example individual unemployment, clothing allowances, hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. 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 lifetime earnings to be eligible for disability or retirement benefits. These additional credits are known as "credit for service."
Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's opinion. An experienced veteran attorney can assist a client in obtaining an opinion, and also provide the evidence needed to support a claim of disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients to receive the disability benefits they deserve. We have handled a variety of disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled vet who after securing his own representation in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.
How do I make a claim?
Veterans must first locate the medical evidence supporting their impairment. This includes any X-rays, doctor's reports, or other documents related to their medical condition. It is crucial to provide these documents to the VA. If a veteran does not have these documents and the VA must be informed by the applicant (or their VSO).
The next step is the filing of an intent to file. This form permits the VA to review your claim even before you have all the information and medical records you need. This form also protects the date on which you will receive your compensation benefits in the event that you win your case.
The VA will schedule your appointment once all of the information is received. 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 provide you with a decision package after the tests have been completed. If the VA decides to deny the claim, you will have one year to request a more extensive review.
A lawyer can be of assistance at this point. VA-accredited lawyers can now be involved in appeals from the beginning which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
The denial of disability benefits to veterans can be a source of frustration. The VA offers an appeals procedure to appeal these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice Of Disagreement you should state to the VA why you are not happy with their decision. You don't need to list every reason but you should include everything you disagree with.
You should also request your C file, or claims file, so that you can see the evidence that the VA used to reach their decision. In many cases, there are missing or incomplete records. This can result in a mistake in the rating.
When you submit your NOD, you will 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 more of a chance of success when the DRO examines your case rather than if it's viewed by the BVA.
In the event of the DRO review you can request an individual hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on a "de de novo" basis, meaning they do not give deference to the previous decision. This usually will result in a brand new Rating Decision. You may also decide to request that the BVA in Washington review your claim. This is the most lengthy appeals process, and it could take up to three years to reach an appeal to be heard.
What is the cost an attorney could charge?
A lawyer may charge a fee for helping you appeal an VA disability decision. However, current law prevents lawyers from charging fees to assist in the case. The fee is only due in the event that the lawyer wins your case or increases your benefits by filing an appeal. Typically these fees are paid directly out of any lump-sum payments you receive from the VA.
Veterans can search the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans or their dependents on a range of issues including disability compensation and pension claims.
Most disability advocates for veterans are paid on a contingency basis. They only receive compensation when they are successful in defending their client's case, and also receive back pay from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total past-due benefit amount.
In rare instances an attorney or agent may choose to charge an hourly rate. But, this isn't common for two reasons. These matters can take months or years to resolve. Additionally, many veterans and their families are unable to afford an hourly rate.
Ken assists veterans to get the disability benefits they deserve. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of veterans disability law firms Affairs discriminated against Black veterans disability attorney for decades, rejecting their disability claims in adisproportionate way as per 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 compensation that is paid to veterans who have disabilities that are related to service. This rating is based upon the severity of an illness or injury, and can range between 0% and 100% in increments of 10 percent (e.g. 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their families.
VA provides additional compensation through other programs, for example individual unemployment, clothing allowances, hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. 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 lifetime earnings to be eligible for disability or retirement benefits. These additional credits are known as "credit for service."
Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's opinion. An experienced veteran attorney can assist a client in obtaining an opinion, and also provide the evidence needed to support a claim of disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients to receive the disability benefits they deserve. We have handled a variety of disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled vet who after securing his own representation in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.
How do I make a claim?
Veterans must first locate the medical evidence supporting their impairment. This includes any X-rays, doctor's reports, or other documents related to their medical condition. It is crucial to provide these documents to the VA. If a veteran does not have these documents and the VA must be informed by the applicant (or their VSO).
The next step is the filing of an intent to file. This form permits the VA to review your claim even before you have all the information and medical records you need. This form also protects the date on which you will receive your compensation benefits in the event that you win your case.
The VA will schedule your appointment once all of the information is received. 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 provide you with a decision package after the tests have been completed. If the VA decides to deny the claim, you will have one year to request a more extensive review.
A lawyer can be of assistance at this point. VA-accredited lawyers can now be involved in appeals from the beginning which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
The denial of disability benefits to veterans can be a source of frustration. The VA offers an appeals procedure to appeal these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice Of Disagreement you should state to the VA why you are not happy with their decision. You don't need to list every reason but you should include everything you disagree with.
You should also request your C file, or claims file, so that you can see the evidence that the VA used to reach their decision. In many cases, there are missing or incomplete records. This can result in a mistake in the rating.
When you submit your NOD, you will 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 more of a chance of success when the DRO examines your case rather than if it's viewed by the BVA.
In the event of the DRO review you can request an individual hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on a "de de novo" basis, meaning they do not give deference to the previous decision. This usually will result in a brand new Rating Decision. You may also decide to request that the BVA in Washington review your claim. This is the most lengthy appeals process, and it could take up to three years to reach an appeal to be heard.
What is the cost an attorney could charge?
A lawyer may charge a fee for helping you appeal an VA disability decision. However, current law prevents lawyers from charging fees to assist in the case. The fee is only due in the event that the lawyer wins your case or increases your benefits by filing an appeal. Typically these fees are paid directly out of any lump-sum payments you receive from the VA.
Veterans can search the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans or their dependents on a range of issues including disability compensation and pension claims.
Most disability advocates for veterans are paid on a contingency basis. They only receive compensation when they are successful in defending their client's case, and also receive back pay from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total past-due benefit amount.
In rare instances an attorney or agent may choose to charge an hourly rate. But, this isn't common for two reasons. These matters can take months or years to resolve. Additionally, many veterans and their families are unable to afford an hourly rate.
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