7 Helpful Tips To Make The Most Out Of Your Veterans Disability Case
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Veterans Disability Litigation
Ken assists veterans to get the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, discriminating against their disability claims according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA Disability?
The amount of monetary compensation per month provided to veterans suffering from service connected disabilities is based on their disability rating. The rating is determined by the severity of the injury or illness and can be as low as 0% and up to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their families.
The VA also offers other programs that offer additional compensation such as individual unemployment, car allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the basic disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans extra credits to increase their lifetime earnings for disability or retirement benefits. These credits are referred to as "credit for service."
Many of the conditions that allow a veteran for disability compensation are mentioned in the Code of Federal Regulations. Certain of these conditions, however, require an expert's opinion. A skilled lawyer with years of experience can assist a client in obtaining this opinion and provide the proof needed to support an application for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans disability Law Firms in disability claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled thousands disability cases and are conversant with the complexities of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans disability lawyers rights a priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first gather the medical evidence to prove their impairment. This includes X-rays or doctor's reports, as well in any other documentation related to the veteran's condition. Making these records available 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 to fill out an intent to file. This form allows the VA examine your claim even before you have the necessary information and medical records. This form also protects the date on which you will receive your compensation benefits in case you have a successful case.
When all the data is provided When all the information is submitted, the VA will arrange an examination for you. The VA will set the date for the examination depending on the number of disabilities as well as the type of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.
After the examinations have been completed, after the examinations are completed, VA will examine the evidence and send you a confirmation packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.
A lawyer can be of assistance at this point. Lawyers who are accredited by VA can now be involved in appeals from the beginning which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice Of Disagreement, you should explain to the VA why you disagreed with their decision. You don't have to include all of the reasons, but you should mention everything you disagree with.
It's also important to request your C-file (claims file) so that you can view the evidence the VA used to make their decision. Most of the time there are gaps or incomplete records. In some cases, this can lead to an error in the rating decision.
When you file your NOD, you will need to decide if you want to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a greater chance of success when you opt for a DRO review than with the BVA.
With the DRO review you can request a personal hearing before a senior rating specialist. The DRO will review your claim "de novo" this means they will not accept the previous decision. This usually will result in a brand new Rating Decision. You can also have the BVA in Washington review your claim. This is the time lengthy appeals procedure and typically takes anywhere from one to three years to obtain a new decision.
How much does a lawyer charge?
A lawyer can charge a fee to help you appeal an VA disability decision. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. 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 may find accredited representatives via the VA's searchable database for accredited attorneys or claims representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or their dependents in a wide range of matters, including disability compensation claims and pension claims.
Most disability advocates for veterans are paid on the basis of a contingent. This means that they will only be paid if they prevail in the appeal of the client and receive back payments from the VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's total past due benefit.
In rare instances, an agent or attorney might decide to charge on an per hour basis. This isn't often the case due to two reasons. First, these cases can be time-consuming and can last for months or even years. In addition, many veterans and their families are unable to afford an hourly rate.
Ken assists veterans to get the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, discriminating against their disability claims according to an action filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA Disability?
The amount of monetary compensation per month provided to veterans suffering from service connected disabilities is based on their disability rating. The rating is determined by the severity of the injury or illness and can be as low as 0% and up to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their families.
The VA also offers other programs that offer additional compensation such as individual unemployment, car allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the basic disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans extra credits to increase their lifetime earnings for disability or retirement benefits. These credits are referred to as "credit for service."
Many of the conditions that allow a veteran for disability compensation are mentioned in the Code of Federal Regulations. Certain of these conditions, however, require an expert's opinion. A skilled lawyer with years of experience can assist a client in obtaining this opinion and provide the proof needed to support an application for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans disability Law Firms in disability claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled thousands disability cases and are conversant with the complexities of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans disability lawyers rights a priority in his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first gather the medical evidence to prove their impairment. This includes X-rays or doctor's reports, as well in any other documentation related to the veteran's condition. Making these records available 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 to fill out an intent to file. This form allows the VA examine your claim even before you have the necessary information and medical records. This form also protects the date on which you will receive your compensation benefits in case you have a successful case.
When all the data is provided When all the information is submitted, the VA will arrange an examination for you. The VA will set the date for the examination depending on the number of disabilities as well as the type of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.
After the examinations have been completed, after the examinations are completed, VA will examine the evidence and send you a confirmation packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.
A lawyer can be of assistance at this point. Lawyers who are accredited by VA can now be involved in appeals from the beginning which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice Of Disagreement, you should explain to the VA why you disagreed with their decision. You don't have to include all of the reasons, but you should mention everything you disagree with.
It's also important to request your C-file (claims file) so that you can view the evidence the VA used to make their decision. Most of the time there are gaps or incomplete records. In some cases, this can lead to an error in the rating decision.
When you file your NOD, you will need to decide if you want to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a greater chance of success when you opt for a DRO review than with the BVA.
With the DRO review you can request a personal hearing before a senior rating specialist. The DRO will review your claim "de novo" this means they will not accept the previous decision. This usually will result in a brand new Rating Decision. You can also have the BVA in Washington review your claim. This is the time lengthy appeals procedure and typically takes anywhere from one to three years to obtain a new decision.
How much does a lawyer charge?
A lawyer can charge a fee to help you appeal an VA disability decision. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. 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 may find accredited representatives via the VA's searchable database for accredited attorneys or claims representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or their dependents in a wide range of matters, including disability compensation claims and pension claims.
Most disability advocates for veterans are paid on the basis of a contingent. This means that they will only be paid if they prevail in the appeal of the client and receive back payments from the VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's total past due benefit.
In rare instances, an agent or attorney might decide to charge on an per hour basis. This isn't often the case due to two reasons. First, these cases can be time-consuming and can last for months or even years. In addition, many veterans and their families are unable to afford an hourly rate.
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