How Veterans Disability Case Altered My Life For The Better
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Veterans Disability Litigation
Ken assists veterans in obtaining the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School laurel veterans disability law firm Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is a VA Disability?
The amount of monthly monetary compensation given to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20 percent 30%, 20 percent, etc.). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.
VA provides additional compensation through other programs, including individual unemployment allowances for clothing prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credit to boost their disability or retirement benefits. These additional credits are referred to as "credit for service."
Many of the conditions that can qualify a veteran for disability compensation are included in the Code of Federal Regulations. Certain of these conditions, however require the opinion of an expert. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the proof needed to support an application for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they are entitled to. We have handled thousands of disability cases and we are well-versed with the intricacies of VA regulations and laws. Our firm was created by a disabled veteran who made fighting for veterans' rights a top priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.
How do I make a claim?
The first step is to look up the medical evidence to prove their impairment. This includes any X-rays, doctor's reports, attorneys or other documents related to their health. Making these records available to the VA is vital. If a veteran doesn't have these documents then the VA must be informed by the applicant (or their VSO).
The next step is to submit an intent to file. This form lets the VA review your claim even before you have the proper information and medical records. This form also protects the date on which you will receive your compensation benefits if you succeed in your claim.
The VA will schedule your appointment after all the required information has been received. It will depend on the number and type of disability you claim. Make sure you take the exam, since in the event you fail to take it the exam could delay your claim.
After the examinations have been completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and then send you a confirmation packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.
At this moment, a lawyer will assist you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit to those seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a very frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to send an Notice of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't have to list every reason, but you should list all the points you don't agree with.
It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. In many cases there are no or insufficient records. This can result in a mistake in the rating.
If you submit your NOD you must decide whether you prefer to have your situation 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 than if it's reviewed by the BVA.
You can request a personal hearing with a senior rating expert through a DRO review. The DRO will examine your claim "de de novo" this means they will not defer to the previous decision. This typically results in the issue of a new Rating Decision. You can also have the BVA in Washington review your claim. This is the most lengthy appeals process and it can take up to three years before you receive an appeal to be heard.
How much can an attorney charge?
A lawyer can charge a fee for assisting you appeal an VA disability decision. But, current law prohibits lawyers from charging for assistance with a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. Typically these fees are directly derived from any lump-sum payments you get from the VA.
Veterans may locate accredited representatives using the VA's searchable database that lists accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad range of matters that include pension and disability compensation claims.
The majority of veterans' disability advocates work on a contingency basis. They only receive compensation when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay given can be different but can be as high as 20 percent of a claimant's past-due benefits.
In rare instances attorneys or agents might decide to charge on an per hour basis. This is not common due to two reasons. These issues can take a long time to be resolved. The second reason is that many veterans and their families are unable to afford to pay an hourly rate.
Ken assists veterans in obtaining the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School laurel veterans disability law firm Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is a VA Disability?
The amount of monthly monetary compensation given to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20 percent 30%, 20 percent, etc.). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.
VA provides additional compensation through other programs, including individual unemployment allowances for clothing prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credit to boost their disability or retirement benefits. These additional credits are referred to as "credit for service."
Many of the conditions that can qualify a veteran for disability compensation are included in the Code of Federal Regulations. Certain of these conditions, however require the opinion of an expert. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the proof needed to support an application for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they are entitled to. We have handled thousands of disability cases and we are well-versed with the intricacies of VA regulations and laws. Our firm was created by a disabled veteran who made fighting for veterans' rights a top priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.
How do I make a claim?
The first step is to look up the medical evidence to prove their impairment. This includes any X-rays, doctor's reports, attorneys or other documents related to their health. Making these records available to the VA is vital. If a veteran doesn't have these documents then the VA must be informed by the applicant (or their VSO).
The next step is to submit an intent to file. This form lets the VA review your claim even before you have the proper information and medical records. This form also protects the date on which you will receive your compensation benefits if you succeed in your claim.
The VA will schedule your appointment after all the required information has been received. It will depend on the number and type of disability you claim. Make sure you take the exam, since in the event you fail to take it the exam could delay your claim.
After the examinations have been completed After the examinations are completed, after the examinations are completed, VA will examine the evidence and then send you a confirmation packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.
At this moment, a lawyer will assist you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit to those seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a very frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to send an Notice of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't have to list every reason, but you should list all the points you don't agree with.
It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. In many cases there are no or insufficient records. This can result in a mistake in the rating.
If you submit your NOD you must decide whether you prefer to have your situation 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 than if it's reviewed by the BVA.
You can request a personal hearing with a senior rating expert through a DRO review. The DRO will examine your claim "de de novo" this means they will not defer to the previous decision. This typically results in the issue of a new Rating Decision. You can also have the BVA in Washington review your claim. This is the most lengthy appeals process and it can take up to three years before you receive an appeal to be heard.
How much can an attorney charge?
A lawyer can charge a fee for assisting you appeal an VA disability decision. But, current law prohibits lawyers from charging for assistance with a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. Typically these fees are directly derived from any lump-sum payments you get from the VA.
Veterans may locate accredited representatives using the VA's searchable database that lists accredited attorneys or claims agents. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a broad range of matters that include pension and disability compensation claims.
The majority of veterans' disability advocates work on a contingency basis. They only receive compensation when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay given can be different but can be as high as 20 percent of a claimant's past-due benefits.
In rare instances attorneys or agents might decide to charge on an per hour basis. This is not common due to two reasons. These issues can take a long time to be resolved. The second reason is that many veterans and their families are unable to afford to pay an hourly rate.
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