8 Tips To Enhance Your Veterans Disability Case Game
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Veterans Disability Litigation
Ken counsels military veterans to help them obtain the disability compensation they are entitled to. He is also a lawyer for 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, disproportionately refusing their disability claims.
What is a VA Disability?
The amount of monthly monetary compensation given to veterans with service connected disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is free of tax and provides a basic source of income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation, such as individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans special credit to boost their earnings over the course of their lives for retirement or disability benefits. These extra credits are referred to as "credit for service."
Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. However, a few of these circumstances require an expert's opinion. A skilled lawyer with years of experience can help a client obtain this opinion and present the evidence required to support an application for disability compensation.
Sullivan & Kehoe is experienced in representing veterans disability lawyers with disabilities claims and appeals. We are dedicated to assisting our clients receive the benefits they're entitled to. We have handled thousands of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after securing his own representation at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.
How do I make a claim?
First, veterans must look up the medical evidence supporting their impairment. This includes Xrays, doctor's notes or other evidence regarding their health. 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 intent to file. This form permits the VA to review your claim before you have all the medical records that you require. It also protects your date of effective for benefits if you win your case.
Once all the information is in after all the information has been received, the VA will schedule an appointment for you. The VA will schedule the exam in accordance with the number of disabilities as well as the type of disability you claim. Make sure you take this test, because If you don't and fail to take it, it could hinder your claim.
The VA will send you a decision package when the examinations have been completed. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.
At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be a source of frustration. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to file 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 need to list every reason, but you must list all the points you disagree with.
You should also request your C-file or claims file so that you can see what evidence the VA used to arrive at their decision. There are often incomplete or missing records. This can sometimes lead to an error in the rating.
If you file your NOD, you'll be asked to choose whether you would like your case reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success when the DRO reviews your case, compared to if it's reviewed by the BVA.
You can request a personal hearing with a senior rating expert through the process of a DRO review. The DRO will examine your claim "de de novo" which means that they will not accept the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process and it can take up to three years for a new decision.
How much does a lawyer charge?
A lawyer may charge a fee for helping appeal the VA decision on the basis of disability. However, the law currently prohibits lawyers from charging fees to assist with a claim. This is due to the fact that the fee is dependent on the lawyer prevailing in your case, or having your benefits increased through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.
Veterans can look through the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of matters including pension and disability compensation claims.
Most veterans disability law firms (go to shinhwaspodium.com)' disability advocates are paid on the basis of a contingent. 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 given can be different, but it can be as high as 20 percent of the claimant's past due benefits.
In rare cases an attorney or agent may choose to charge on per hour basis. This is not common due to two reasons. First, these issues are often time consuming and can last for months or even years. In addition, the majority of veterans and their families are unable to afford to pay for these services on an hourly basis.
Ken counsels military veterans to help them obtain the disability compensation they are entitled to. He is also a lawyer for 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, disproportionately refusing their disability claims.
What is a VA Disability?
The amount of monthly monetary compensation given to veterans with service connected disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is free of tax and provides a basic source of income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation, such as individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans special credit to boost their earnings over the course of their lives for retirement or disability benefits. These extra credits are referred to as "credit for service."
Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. However, a few of these circumstances require an expert's opinion. A skilled lawyer with years of experience can help a client obtain this opinion and present the evidence required to support an application for disability compensation.
Sullivan & Kehoe is experienced in representing veterans disability lawyers with disabilities claims and appeals. We are dedicated to assisting our clients receive the benefits they're entitled to. We have handled thousands of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after securing his own representation at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.
How do I make a claim?
First, veterans must look up the medical evidence supporting their impairment. This includes Xrays, doctor's notes or other evidence regarding their health. 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 intent to file. This form permits the VA to review your claim before you have all the medical records that you require. It also protects your date of effective for benefits if you win your case.
Once all the information is in after all the information has been received, the VA will schedule an appointment for you. The VA will schedule the exam in accordance with the number of disabilities as well as the type of disability you claim. Make sure you take this test, because If you don't and fail to take it, it could hinder your claim.
The VA will send you a decision package when the examinations have been completed. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.
At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be a source of frustration. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to file 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 need to list every reason, but you must list all the points you disagree with.
You should also request your C-file or claims file so that you can see what evidence the VA used to arrive at their decision. There are often incomplete or missing records. This can sometimes lead to an error in the rating.
If you file your NOD, you'll be asked to choose whether you would like your case reviewed by an Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success when the DRO reviews your case, compared to if it's reviewed by the BVA.
You can request a personal hearing with a senior rating expert through the process of a DRO review. The DRO will examine your claim "de de novo" which means that they will not accept the previous decision. This typically results in the issue of a new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process and it can take up to three years for a new decision.
How much does a lawyer charge?
A lawyer may charge a fee for helping appeal the VA decision on the basis of disability. However, the law currently prohibits lawyers from charging fees to assist with a claim. This is due to the fact that the fee is dependent on the lawyer prevailing in your case, or having your benefits increased through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.
Veterans can look through the VA's database of attorneys accredited by the VA or claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of matters including pension and disability compensation claims.
Most veterans disability law firms (go to shinhwaspodium.com)' disability advocates are paid on the basis of a contingent. 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 given can be different, but it can be as high as 20 percent of the claimant's past due benefits.
In rare cases an attorney or agent may choose to charge on per hour basis. This is not common due to two reasons. First, these issues are often time consuming and can last for months or even years. In addition, the majority of veterans and their families are unable to afford to pay for these services on an hourly basis.
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