Veterans Disability Case Tools To Help You Manage Your Everyday Lifeth…
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Veterans Disability Litigation
Ken advises veterans of the military to assist them in getting the disability compensation 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 years 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 monthly compensation paid to veterans with service-related disabilities. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is tax-free and provides a basic income for the disabled veteran and their family.
VA provides additional compensation through other programs, like individual unemployment allowances for clothing prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. However, a few of these conditions require an expert opinion. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the evidence needed to support the claim for disability benefits.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled thousands disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled vet who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an integral part of his practice.
How do I make a claim?
Veterans must first locate the medical evidence to prove their disability. This includes any X-rays, doctor's reports or any other documentation regarding their health. It is essential to submit these documents to the VA. If a veteran does not have these documents, they must 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 examine your claim even before you have the proper information and medical records. It also keeps your date of eligibility for compensation benefits if you win your case.
The VA will schedule your exam after all the details have been received. This will depend on the quantity and type of disability you claim. Be sure to take the exam, since If you don't and fail to take it, it could hinder your claim.
The VA will provide you with a decision package after the tests have been completed. If the VA refuses to accept the claim you will have one year to request a higher level review.
At this moment, a lawyer could help you. VA-accredited lawyers can now be involved in appeals right from the beginning, which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability attorney disability benefits can be a frustrating experience. Thankfully that the VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disparage, you have to 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 don't agree with.
It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. Often times there are missing or insufficient records. This can result in an error in the rating.
When you file your NOD, you will need to decide if you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success when the DRO reviews your case than if it's reviewed by the BVA.
You can request a personal hearing with a senior rating expert via a DRO review. The DRO will review your claim "de de novo" which means that they will not rely on the previous decision. This typically results in a new Rating Decision. You can also have the BVA in Washington examine your claim. This is the time demanding appeals process and usually takes one to three years to obtain an updated decision.
What is the average cost a lawyer can charge?
Lawyers can charge a fee if appeal the VA decision regarding the basis of disability. The current law does not allow lawyers to charge for initial assistance in a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case or getting your benefits increased through an appeal. Typically the fees are paid directly out of any lump-sum payment you receive from the VA.
Veterans can search the VA's database of accredited attorneys or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans or their dependents in a variety of matters including pension and disability compensation claims.
Most disability advocates for veterans are paid on the basis of a contingent. This means that they only get paid if they prevail in the client's appeal and are awarded back pay from the VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total benefit.
In rare cases an attorney or agent might decide to charge on an the hourly basis. This is uncommon due to two reasons. First, these cases can be time-consuming and can drag on for months or even years. The second reason is that most veterans and their families cannot afford to pay for these services on an hourly basis.
Ken advises veterans of the military to assist them in getting the disability compensation 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 years 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 monthly compensation paid to veterans with service-related disabilities. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is tax-free and provides a basic income for the disabled veteran and their family.
VA provides additional compensation through other programs, like individual unemployment allowances for clothing prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists several conditions that allow veterans to be eligible for disability compensation. However, a few of these conditions require an expert opinion. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the evidence needed to support the claim for disability benefits.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled thousands disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled vet who after securing his own representation at an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an integral part of his practice.
How do I make a claim?
Veterans must first locate the medical evidence to prove their disability. This includes any X-rays, doctor's reports or any other documentation regarding their health. It is essential to submit these documents to the VA. If a veteran does not have these documents, they must 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 examine your claim even before you have the proper information and medical records. It also keeps your date of eligibility for compensation benefits if you win your case.
The VA will schedule your exam after all the details have been received. This will depend on the quantity and type of disability you claim. Be sure to take the exam, since If you don't and fail to take it, it could hinder your claim.
The VA will provide you with a decision package after the tests have been completed. If the VA refuses to accept the claim you will have one year to request a higher level review.
At this moment, a lawyer could help you. VA-accredited lawyers can now be involved in appeals right from the beginning, which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability attorney disability benefits can be a frustrating experience. Thankfully that the VA has an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disparage, you have to 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 don't agree with.
It's also crucial to request your C-file (claims file) so you can see the evidence that the VA used to make their decision. Often times there are missing or insufficient records. This can result in an error in the rating.
When you file your NOD, you will need to decide if you would like your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success when the DRO reviews your case than if it's reviewed by the BVA.
You can request a personal hearing with a senior rating expert via a DRO review. The DRO will review your claim "de de novo" which means that they will not rely on the previous decision. This typically results in a new Rating Decision. You can also have the BVA in Washington examine your claim. This is the time demanding appeals process and usually takes one to three years to obtain an updated decision.
What is the average cost a lawyer can charge?
Lawyers can charge a fee if appeal the VA decision regarding the basis of disability. The current law does not allow lawyers to charge for initial assistance in a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case or getting your benefits increased through an appeal. Typically the fees are paid directly out of any lump-sum payment you receive from the VA.
Veterans can search the VA's database of accredited attorneys or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans or their dependents in a variety of matters including pension and disability compensation claims.
Most disability advocates for veterans are paid on the basis of a contingent. This means that they only get paid if they prevail in the client's appeal and are awarded back pay from the VA. The amount of back pay given varies, but it can be as high as 20 percent of the claimant's total benefit.
In rare cases an attorney or agent might decide to charge on an the hourly basis. This is uncommon due to two reasons. First, these cases can be time-consuming and can drag on for months or even years. The second reason is that most veterans and their families cannot afford to pay for these services on an hourly basis.
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