What's The Reason? Veterans Disability Case Is Everywhere This Year
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Veterans Disability Litigation
Ken counsels veterans of the military to help them get the disability compensation they deserve. Ken assists 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 by disproportionately denying their disability claims.
What is an VA disability?
The amount of monetary compensation per month paid to veterans with disabilities resulting from service is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their family.
The VA also offers other programs that offer additional compensation like the individual unemployed, the 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 disability attorneys special credits they can use to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These additional credits are referred to as "credit for service."
Many of the conditions that can qualify disabled veterans for disability benefits are included in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. A skilled lawyer with years of experience can help a client obtain this opinion and provide the proof needed to prove a claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans disability attorney claims and appeals. We are committed to helping our clients obtain the disability benefits they are entitled to. We have handled a variety of disability cases and we are well-versed with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who after securing his own representation in an appeals hearing before the Board of Veterans disability law Firms Appeals Hearing, made veterans' rights an integral part of his practice.
How do I file a claim?
First, veterans must look up the medical evidence supporting their disability. This includes X-rays and doctor's reports or other documentation that relate to their medical condition. The submission of these records to the VA is very important. If a veteran doesn't have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intent to file. This is a form that permits the VA to review your claim, even before you have all the medical records you need. It also preserves your date of effective for benefits if you win your case.
When all the information is submitted after all the information has been received, the VA will schedule an examination for you. The VA will schedule the exam depending on the number of disabilities and the type of disability you claim. Make sure you attend this test, because should you miss it this could affect your claim.
Once the examinations are complete Once the examinations are complete, after the examinations are completed, VA will examine the evidence and give you a decision-making packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.
A lawyer can help in this situation. Accredited lawyers from VA can 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 extremely frustrating. The VA has an appeals process to appeal these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. You don't need to list all the reasons but you should list all the points you disagree with.
It is also essential to request your C-file (claims file) to see the evidence the VA used in making their decision. There are often insufficient or missing records. This can sometimes lead to a mistake in the rating.
When you submit your NOD, you'll be asked to select whether you would like your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will be more likely to have success with a DRO review than with the BVA.
When you request an DRO review you can request an individual hearing with a senior rating specialist. The DRO will conduct the review of your claim on the basis of a "de novo" basis, meaning they do not give deference to the previous decision. This typically results in a totally new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the longest taking appeals route and typically takes one to three years to receive a new decision.
How much can a lawyer charge?
A lawyer may charge a fee to help you appeal the VA decision on an appeal for disability. The law as it stands today does not permit lawyers to charge for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.
Veterans are able to search the database of attorneys who are accredited or claim agents to find accredited representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad spectrum of cases including pension claims and disability compensation claims.
Most disability advocates for veterans are paid on a contingency basis. This means that they only get paid if they win the client's appeal and are awarded back payments from the VA. The amount of backpay given can be different but it could be as high as 20 percent of a claimant's past-due benefits.
In rare cases an attorney or agent might choose to charge an hourly fee. This is not common due to two reasons. These issues can take months or even years to resolve. Additionally, many veterans and their families cannot afford to pay for these services on an hourly basis.
Ken counsels veterans of the military to help them get the disability compensation they deserve. Ken assists 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 by disproportionately denying their disability claims.
What is an VA disability?
The amount of monetary compensation per month paid to veterans with disabilities resulting from service is based on their disability rating. This rating is based upon the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their family.
The VA also offers other programs that offer additional compensation like the individual unemployed, the 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 disability attorneys special credits they can use to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These additional credits are referred to as "credit for service."
Many of the conditions that can qualify disabled veterans for disability benefits are included in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. A skilled lawyer with years of experience can help a client obtain this opinion and provide the proof needed to prove a claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans disability attorney claims and appeals. We are committed to helping our clients obtain the disability benefits they are entitled to. We have handled a variety of disability cases and we are well-versed with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who after securing his own representation in an appeals hearing before the Board of Veterans disability law Firms Appeals Hearing, made veterans' rights an integral part of his practice.
How do I file a claim?
First, veterans must look up the medical evidence supporting their disability. This includes X-rays and doctor's reports or other documentation that relate to their medical condition. The submission of these records to the VA is very important. If a veteran doesn't have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intent to file. This is a form that permits the VA to review your claim, even before you have all the medical records you need. It also preserves your date of effective for benefits if you win your case.
When all the information is submitted after all the information has been received, the VA will schedule an examination for you. The VA will schedule the exam depending on the number of disabilities and the type of disability you claim. Make sure you attend this test, because should you miss it this could affect your claim.
Once the examinations are complete Once the examinations are complete, after the examinations are completed, VA will examine the evidence and give you a decision-making packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.
A lawyer can help in this situation. Accredited lawyers from VA can 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 extremely frustrating. The VA has an appeals process to appeal these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. You don't need to list all the reasons but you should list all the points you disagree with.
It is also essential to request your C-file (claims file) to see the evidence the VA used in making their decision. There are often insufficient or missing records. This can sometimes lead to a mistake in the rating.
When you submit your NOD, you'll be asked to select whether you would like your case reviewed either by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will be more likely to have success with a DRO review than with the BVA.
When you request an DRO review you can request an individual hearing with a senior rating specialist. The DRO will conduct the review of your claim on the basis of a "de novo" basis, meaning they do not give deference to the previous decision. This typically results in a totally new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the longest taking appeals route and typically takes one to three years to receive a new decision.
How much can a lawyer charge?
A lawyer may charge a fee to help you appeal the VA decision on an appeal for disability. The law as it stands today does not permit lawyers to charge for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.
Veterans are able to search the database of attorneys who are accredited or claim agents to find accredited representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad spectrum of cases including pension claims and disability compensation claims.
Most disability advocates for veterans are paid on a contingency basis. This means that they only get paid if they win the client's appeal and are awarded back payments from the VA. The amount of backpay given can be different but it could be as high as 20 percent of a claimant's past-due benefits.
In rare cases an attorney or agent might choose to charge an hourly fee. This is not common due to two reasons. These issues can take months or even years to resolve. Additionally, many veterans and their families cannot afford to pay for these services on an hourly basis.