Why All The Fuss Over Veterans Disability Case?
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Veterans Disability Litigation
Ken assists veterans in obtaining the disability benefits they are entitled to. He also represents 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 denial of their disability claims.
What is what is VA Disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with service-related disabilities. This rating is based upon the severity of an injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20% 30, 30 percent, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their families.
The VA also has other programs that provide additional compensation such as 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 special credit that they can use to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These credits are also referred to as "credit for service."
Many of the conditions that qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. However, certain conditions require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and present the evidence required to support a claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients get the disability benefits that they are entitled to. We have handled a variety of disability cases and are well-versed with the intricacies of VA laws and procedures. Our firm was established by a disabled veteran who made fighting for veterans rights a top priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first locate the medical evidence to prove their impairment. This includes X-rays and doctor's notes or other evidence related to their condition. It is important to provide these records to VA. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intention to file. This is a form that allows the VA to review your claim before you have all the information and medical records that you require. It also ensures that you have an effective date for receiving compensation in the event that you win your case.
The VA will schedule your medical exam after all the required information is received. This will be dependent on the type and number of disabilities you are claiming. Make sure that you take this test, because if you miss it the exam could delay your claim.
The VA will provide you with a decision package when the examinations have been completed. If the VA refuses to accept the claim you'll have one year to request a higher-level review.
At this moment, a lawyer will help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a hugely beneficial to those who seek disability benefits.
How do I appeal a denial?
Denial of veterans disability lawsuit' disability benefits can be frustrating. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you must inform the VA why you are not happy with their decision. You don't need to list all the reasons, but you should mention everything that you disagree on.
It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. Most of the time, there are missing or insufficient records. In certain cases this could lead to an error in the rating decision.
When you file your NOD, you will be asked to choose whether you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a better chance of success with the DRO review DRO review than with the BVA.
You can request a private hearing with a senior rating expert through a DRO review. The DRO will conduct a review of your claim on a "de 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 request that the BVA in Washington review your claim. This is the longest appeals process and can take up to three years before you receive an appeal to be heard.
How much will a lawyer charge?
A lawyer can charge a fee if you appeal the VA decision regarding the basis of disability. The law as it stands today does not allow lawyers to charge fees for initial assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits by filing an appeal. Typically these fees are paid out of any lump-sum payment you receive from the VA.
Veterans may be able locate accredited representatives using the VA's searchable database that lists accredited attorneys or claims agents. They are vetted by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a wide range of issues that include pension and disability compensation claims.
The majority of veterans' disability advocates work on a contingency basis. They only get paid when they succeed in winning their client's appeal and they also receive back pay from 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 cases attorneys or agents may decide to charge an the basis of an hourly rate. But, this isn't common for two reasons. These matters can take months or even years to resolve. The second reason is that many veterans and their families can't afford an hourly fee.
Ken assists veterans in obtaining the disability benefits they are entitled to. He also represents 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 denial of their disability claims.
What is what is VA Disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with service-related disabilities. This rating is based upon the severity of an injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20% 30, 30 percent, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their families.
The VA also has other programs that provide additional compensation such as 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 special credit that they can use to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These credits are also referred to as "credit for service."
Many of the conditions that qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. However, certain conditions require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and present the evidence required to support a claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients get the disability benefits that they are entitled to. We have handled a variety of disability cases and are well-versed with the intricacies of VA laws and procedures. Our firm was established by a disabled veteran who made fighting for veterans rights a top priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first locate the medical evidence to prove their impairment. This includes X-rays and doctor's notes or other evidence related to their condition. It is important to provide these records to VA. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intention to file. This is a form that allows the VA to review your claim before you have all the information and medical records that you require. It also ensures that you have an effective date for receiving compensation in the event that you win your case.
The VA will schedule your medical exam after all the required information is received. This will be dependent on the type and number of disabilities you are claiming. Make sure that you take this test, because if you miss it the exam could delay your claim.
The VA will provide you with a decision package when the examinations have been completed. If the VA refuses to accept the claim you'll have one year to request a higher-level review.
At this moment, a lawyer will help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a hugely beneficial to those who seek disability benefits.
How do I appeal a denial?
Denial of veterans disability lawsuit' disability benefits can be frustrating. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you must inform the VA why you are not happy with their decision. You don't need to list all the reasons, but you should mention everything that you disagree on.
It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. Most of the time, there are missing or insufficient records. In certain cases this could lead to an error in the rating decision.
When you file your NOD, you will be asked to choose whether you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a better chance of success with the DRO review DRO review than with the BVA.
You can request a private hearing with a senior rating expert through a DRO review. The DRO will conduct a review of your claim on a "de 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 request that the BVA in Washington review your claim. This is the longest appeals process and can take up to three years before you receive an appeal to be heard.
How much will a lawyer charge?
A lawyer can charge a fee if you appeal the VA decision regarding the basis of disability. The law as it stands today does not allow lawyers to charge fees for initial assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits by filing an appeal. Typically these fees are paid out of any lump-sum payment you receive from the VA.
Veterans may be able locate accredited representatives using the VA's searchable database that lists accredited attorneys or claims agents. They are vetted by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a wide range of issues that include pension and disability compensation claims.
The majority of veterans' disability advocates work on a contingency basis. They only get paid when they succeed in winning their client's appeal and they also receive back pay from 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 cases attorneys or agents may decide to charge an the basis of an hourly rate. But, this isn't common for two reasons. These matters can take months or even years to resolve. The second reason is that many veterans and their families can't afford an hourly fee.
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