Why Veterans Disability Case Is More Risky Than You Think
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Veterans Disability Litigation
Ken counsels military veterans to help them get the disability benefits they deserve. He also represents his clients in VA Board of veterans Disability law firms Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims, according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is an VA disability?
The amount of monthly monetary compensation provided to veterans suffering from service-related disabilities is determined on their disability rating. This rating is based upon the severity of the injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20 percent 30, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their family.
The VA also has other programs that provide additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the basic disability compensation.
In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credits to increase their disability or retirement benefits. These extra credits are referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's opinion. An experienced lawyer can assist a client to obtain this opinion and provide the evidence needed 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 obtain the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the intricacies of VA rules and regulations. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights the top priority in his practice.
How do I make a claim?
First, veterans must find the medical evidence supporting their condition. This includes X-rays, doctor's reports or other documentation related to their medical condition. Giving these records to VA is essential. If a veteran doesn't have these documents, the VA should be notified by the applicant (or their VSO).
The next step is the filing of an intention to file. This form permits the VA to review your claim, even before you have all the medical records you need. This form also protects the date on which you will receive your compensation benefits in the event you succeed in your claim.
When all the information is submitted, the VA will schedule an examination for you. The VA will schedule the exam based on the amount of disabilities you have and the type of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.
The VA will send you a decision-making package when the examinations have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.
At this moment, a lawyer could help you. Accredited lawyers from VA 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?
Denial of disability benefits to veterans can be extremely frustrating. Fortunately, the VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement you must tell the VA the reason you don't like their decision. You don't have to list every reason, but you should mention all the aspects you disagree with.
You must also request a C-file, or claims file, to determine the evidence that the VA used to arrive at their decision. There are usually incomplete or missing data. In some cases, this can lead to an error in the rating decision.
After you have submitted your NOD, it will be asked to decide if you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success when you opt for the DRO review DRO review than with the BVA.
When you request a DRO review you can request an individual hearing with a senior rating specialist. The DRO will review your claim "de novo" which means that they will not accept the previous decision. This typically results in an entirely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the most time demanding appeals process and usually takes anywhere from one to three years to receive an updated decision.
How much does an attorney charge?
A lawyer may charge a fee to assist appeal a VA decision on the basis of disability. But, current law prohibits lawyers from charging for assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. Typically, these fees will be paid directly out of any lump-sum payments you receive from the VA.
veterans disability attorneys may be able to find accredited representatives through the VA's searchable database of accredited attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a variety of issues including pension and disability compensation claims.
Most veterans' disability advocates work on a contingency basis. This means that they only get paid if they win the appeal of the client and get back payments from the VA. The amount of backpay that is given can be different, but it can be as high as 20 percent of the claimant's past-due benefits.
In rare instances attorneys or agents might decide to charge on an the hourly basis. This is rare for two reasons. These matters can take months or years to be resolved. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.
Ken counsels military veterans to help them get the disability benefits they deserve. He also represents his clients in VA Board of veterans Disability law firms Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims, according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is an VA disability?
The amount of monthly monetary compensation provided to veterans suffering from service-related disabilities is determined on their disability rating. This rating is based upon the severity of the injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20 percent 30, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their family.
The VA also has other programs that provide additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the basic disability compensation.
In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credits to increase their disability or retirement benefits. These extra credits are referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's opinion. An experienced lawyer can assist a client to obtain this opinion and provide the evidence needed 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 obtain the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the intricacies of VA rules and regulations. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights the top priority in his practice.
How do I make a claim?
First, veterans must find the medical evidence supporting their condition. This includes X-rays, doctor's reports or other documentation related to their medical condition. Giving these records to VA is essential. If a veteran doesn't have these documents, the VA should be notified by the applicant (or their VSO).
The next step is the filing of an intention to file. This form permits the VA to review your claim, even before you have all the medical records you need. This form also protects the date on which you will receive your compensation benefits in the event you succeed in your claim.
When all the information is submitted, the VA will schedule an examination for you. The VA will schedule the exam based on the amount of disabilities you have and the type of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.
The VA will send you a decision-making package when the examinations have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.
At this moment, a lawyer could help you. Accredited lawyers from VA 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?
Denial of disability benefits to veterans can be extremely frustrating. Fortunately, the VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement you must tell the VA the reason you don't like their decision. You don't have to list every reason, but you should mention all the aspects you disagree with.
You must also request a C-file, or claims file, to determine the evidence that the VA used to arrive at their decision. There are usually incomplete or missing data. In some cases, this can lead to an error in the rating decision.
After you have submitted your NOD, it will be asked to decide if you would like your case reviewed by a Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will have a higher chance of success when you opt for the DRO review DRO review than with the BVA.
When you request a DRO review you can request an individual hearing with a senior rating specialist. The DRO will review your claim "de novo" which means that they will not accept the previous decision. This typically results in an entirely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the most time demanding appeals process and usually takes anywhere from one to three years to receive an updated decision.
How much does an attorney charge?
A lawyer may charge a fee to assist appeal a VA decision on the basis of disability. But, current law prohibits lawyers from charging for assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. Typically, these fees will be paid directly out of any lump-sum payments you receive from the VA.
veterans disability attorneys may be able to find accredited representatives through the VA's searchable database of accredited attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a variety of issues including pension and disability compensation claims.
Most veterans' disability advocates work on a contingency basis. This means that they only get paid if they win the appeal of the client and get back payments from the VA. The amount of backpay that is given can be different, but it can be as high as 20 percent of the claimant's past-due benefits.
In rare instances attorneys or agents might decide to charge on an the hourly basis. This is rare for two reasons. These matters can take months or years to be resolved. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.
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