A Complete Guide To Veterans Disability Case
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Veterans Disability Litigation
Ken assists veterans to obtain the disability benefits they are entitled to. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by discriminating against their disability claims as per a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is a VA Disability?
The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. The rating is determined by the severity of the illness or injury and can vary from 0% to 100% in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.
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 basic disability compensation.
The Social Security Administration also gives veterans special credits they can use to increase their lifetime earnings to be eligible for disability or retirement benefits. These additional credits are known as "credit for service."
Many of the conditions that can qualify an individual for disability compensation are included in the Code of Federal Regulations. However, a few of these conditions require an expert's advice. An experienced veteran attorney can assist a client obtain an opinion, and also provide the necessary evidence to support a claim of disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands disability cases and are well-versed with the intricacies of VA laws and procedures. Our firm was founded by a disabled veteran who made fighting for veterans' rights a major part of his practice after he successfully represented himself at a Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first locate the medical evidence to prove their disability. This includes X-rays and doctor's notes or other evidence relevant to their health. It is essential to submit these documents to the 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 the filing of an intent to file. This form allows the VA to begin reviewing your claim before you have all the medical records that you require. It also ensures that you have an effective date for compensation benefits when you win your case.
The VA will schedule your examination after all the information is received. This will depend on the amount and type of disability you claim. Don't miss this exam because it could delay the process of submitting your claim.
The VA will send you a decision-making package once the examinations have been completed. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.
A lawyer can help in this situation. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is an enormous benefit to those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a gruelling experience. The VA offers an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your notice of disagreement, you should tell the VA why you are not happy with their decision. You don't have to give every reason, but you must be clear about the issues you disagree with.
It's also important to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are usually incomplete or missing data. This can lead to a mistake in the rating.
If you submit your NOD you must decide whether you would like to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when you opt for a DRO review than with the BVA.
You can request a private hearing with a senior rating expert through the process of a DRO review. The DRO will examine your claim "de novo" which means they will not defer to the previous decision. This typically results in a new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the longest appeals process and can take up to three years for an update on the decision.
How much can an attorney charge?
A lawyer can charge a fee to assist you appeal a VA disability decision. The law currently does not permit lawyers to charge fees for initial assistance in a claim. This is because the fee must be contingent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. Typically the fees will be paid directly out of any lump-sum payments you get from the VA.
Veterans may be able find accredited representatives via the VA's searchable database that lists accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of matters including disability compensation and pension claims.
Most veterans disability lawyer' disability advocates are paid on an ad-hoc basis. This means that they will only be paid if they succeed in winning the client's appeal and are awarded back pay from the VA. The amount of backpay that is paid can vary however it could be as high as 20 percent of the claimant's past due benefits.
In rare cases, an agent or attorney may choose to charge on an hourly basis. This is uncommon due to two reasons. These issues can take months or years to be resolved. Additionally, many veterans and their families don't afford an hourly fee.
Ken assists veterans to obtain the disability benefits they are entitled to. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by discriminating against their disability claims as per a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is a VA Disability?
The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. The rating is determined by the severity of the illness or injury and can vary from 0% to 100% in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his family.
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 basic disability compensation.
The Social Security Administration also gives veterans special credits they can use to increase their lifetime earnings to be eligible for disability or retirement benefits. These additional credits are known as "credit for service."
Many of the conditions that can qualify an individual for disability compensation are included in the Code of Federal Regulations. However, a few of these conditions require an expert's advice. An experienced veteran attorney can assist a client obtain an opinion, and also provide the necessary evidence to support a claim of disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands disability cases and are well-versed with the intricacies of VA laws and procedures. Our firm was founded by a disabled veteran who made fighting for veterans' rights a major part of his practice after he successfully represented himself at a Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first locate the medical evidence to prove their disability. This includes X-rays and doctor's notes or other evidence relevant to their health. It is essential to submit these documents to the 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 the filing of an intent to file. This form allows the VA to begin reviewing your claim before you have all the medical records that you require. It also ensures that you have an effective date for compensation benefits when you win your case.
The VA will schedule your examination after all the information is received. This will depend on the amount and type of disability you claim. Don't miss this exam because it could delay the process of submitting your claim.
The VA will send you a decision-making package once the examinations have been completed. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.
A lawyer can help in this situation. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is an enormous benefit to those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a gruelling experience. The VA offers an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your notice of disagreement, you should tell the VA why you are not happy with their decision. You don't have to give every reason, but you must be clear about the issues you disagree with.
It's also important to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are usually incomplete or missing data. This can lead to a mistake in the rating.
If you submit your NOD you must decide whether you would like to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when you opt for a DRO review than with the BVA.
You can request a private hearing with a senior rating expert through the process of a DRO review. The DRO will examine your claim "de novo" which means they will not defer to the previous decision. This typically results in a new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the longest appeals process and can take up to three years for an update on the decision.
How much can an attorney charge?
A lawyer can charge a fee to assist you appeal a VA disability decision. The law currently does not permit lawyers to charge fees for initial assistance in a claim. This is because the fee must be contingent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. Typically the fees will be paid directly out of any lump-sum payments you get from the VA.
Veterans may be able find accredited representatives via the VA's searchable database that lists accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of matters including disability compensation and pension claims.
Most veterans disability lawyer' disability advocates are paid on an ad-hoc basis. This means that they will only be paid if they succeed in winning the client's appeal and are awarded back pay from the VA. The amount of backpay that is paid can vary however it could be as high as 20 percent of the claimant's past due benefits.
In rare cases, an agent or attorney may choose to charge on an hourly basis. This is uncommon due to two reasons. These issues can take months or years to be resolved. Additionally, many veterans and their families don't afford an hourly fee.
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