블로그체험단 바로가기What's The Reason? Veterans Disability Case Is Everywhere This Year
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Veterans Disability Litigation
Ken assists veterans in navigating the system to assist them in getting the disability compensation they deserve. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA disability?
The disability rating determines the amount of monthly payments to veterans who have service-connected disabilities. This rating is based upon the severity of an injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20 percent 30, 30%, etc.). The compensation is exempt from tax and provides a basic source of 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 benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits they can use to boost their lifetime earnings and qualify for retirement or disability benefits. These credits are referred to as "credit for service."
A majority of the conditions that qualify veterans for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions however require an expert's advice. An experienced veteran lawyer 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 disabled veterans claims and appeals. We are dedicated to ensuring that our clients receive the disability benefits that they are entitled to. We have handled thousands of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in a Board of Veterans Appeals Hearing and making veterans' rights the top priority in his practice.
How do I claim a benefit?
Veterans must first locate the medical evidence that proves their impairment. This includes Xrays or doctor's reports, as well any other documentation pertaining to the condition of the veteran. Giving these records to VA is essential. If a veteran doesn't have these documents, the VA must be informed by the claimant (or their VSO).
The next step is a filing of an intent to file. This form lets the VA review your claim even before you have the proper information and medical records. This form also ensures the date you can start receiving your compensation benefits in the event you are successful in your case.
The VA will schedule your medical exam after all the information is received. This will depend on the number and type of disability you claim. Make sure you attend this test, because should you miss it the exam could delay your claim.
The VA will send you a decision document after the tests have been completed. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.
At this point, a lawyer can assist you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a huge benefit to those seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a frustrating experience. Thankfully the VA has an appeals procedure for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your notice of disagreement, you must tell the VA the reasons you don't agree with their decision. It is not necessary to list all the reasons but you should list all the points you disagree with.
You should also request your C file, or claims file, so that you can determine what evidence the VA used to reach their decision. There are usually incomplete or missing records. This can result in a mistake in the rating.
When you file your NOD, you will need to decide if you would like your case considered by a Decision Review Officer or by the Board of veterans disability law firm Appeals. In general you'll have a greater chance of success when the DRO examines your case than if it's reviewed by the BVA.
If you are subject to the DRO review, you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will conduct an examination of your claim on a "de de novo" basis, meaning they will not give any deference to 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 most lengthy appeals procedure and can take up to three years before you receive an appeal to be heard.
How much can a lawyer charge?
A lawyer can charge a fee for helping appeal an VA decision regarding a disability claim. However, current law prevents lawyers from charging fees to assist when submitting 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. 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 lawyers accredited to practice or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or dependents in a vast spectrum of cases, including pension and disability compensation claims.
Most veterans' disability advocates are paid on a contingent basis. They only receive compensation when they win their client's appeal, and they also receive back pay from VA. The amount of backpay given can be different however it could be as high as 20 percent of a claimant's past-due benefits.
In rare instances, an agent or lawyer could decide to charge an hourly fee. This isn't often the case due to two reasons. These matters can take months or even years to be resolved. In addition, many veterans and their families are unable to afford an hourly fee.
Ken assists veterans in navigating the system to assist them in getting the disability compensation they deserve. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA disability?
The disability rating determines the amount of monthly payments to veterans who have service-connected disabilities. This rating is based upon the severity of an injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20 percent 30, 30%, etc.). The compensation is exempt from tax and provides a basic source of 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 benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits they can use to boost their lifetime earnings and qualify for retirement or disability benefits. These credits are referred to as "credit for service."
A majority of the conditions that qualify veterans for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions however require an expert's advice. An experienced veteran lawyer 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 disabled veterans claims and appeals. We are dedicated to ensuring that our clients receive the disability benefits that they are entitled to. We have handled thousands of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in a Board of Veterans Appeals Hearing and making veterans' rights the top priority in his practice.
How do I claim a benefit?
Veterans must first locate the medical evidence that proves their impairment. This includes Xrays or doctor's reports, as well any other documentation pertaining to the condition of the veteran. Giving these records to VA is essential. If a veteran doesn't have these documents, the VA must be informed by the claimant (or their VSO).
The next step is a filing of an intent to file. This form lets the VA review your claim even before you have the proper information and medical records. This form also ensures the date you can start receiving your compensation benefits in the event you are successful in your case.
The VA will schedule your medical exam after all the information is received. This will depend on the number and type of disability you claim. Make sure you attend this test, because should you miss it the exam could delay your claim.
The VA will send you a decision document after the tests have been completed. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.
At this point, a lawyer can assist you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a huge benefit to those seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a frustrating experience. Thankfully the VA has an appeals procedure for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your notice of disagreement, you must tell the VA the reasons you don't agree with their decision. It is not necessary to list all the reasons but you should list all the points you disagree with.
You should also request your C file, or claims file, so that you can determine what evidence the VA used to reach their decision. There are usually incomplete or missing records. This can result in a mistake in the rating.
When you file your NOD, you will need to decide if you would like your case considered by a Decision Review Officer or by the Board of veterans disability law firm Appeals. In general you'll have a greater chance of success when the DRO examines your case than if it's reviewed by the BVA.
If you are subject to the DRO review, you have the option of asking for an individual hearing with an experienced senior rating specialist. The DRO will conduct an examination of your claim on a "de de novo" basis, meaning they will not give any deference to 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 most lengthy appeals procedure and can take up to three years before you receive an appeal to be heard.
How much can a lawyer charge?
A lawyer can charge a fee for helping appeal an VA decision regarding a disability claim. However, current law prevents lawyers from charging fees to assist when submitting 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. 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 lawyers accredited to practice or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or dependents in a vast spectrum of cases, including pension and disability compensation claims.
Most veterans' disability advocates are paid on a contingent basis. They only receive compensation when they win their client's appeal, and they also receive back pay from VA. The amount of backpay given can be different however it could be as high as 20 percent of a claimant's past-due benefits.
In rare instances, an agent or lawyer could decide to charge an hourly fee. This isn't often the case due to two reasons. These matters can take months or even years to be resolved. In addition, many veterans and their families are unable to afford an hourly fee.
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