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Veterans Disability Litigation
Ken counsels military veterans to assist them in obtaining the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of laramie veterans disability attorney Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA Disability?
The amount of monthly monetary compensation paid to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of an injury or illness and can vary between zero and 100% in increments of 10% (e.g. 20% 30%, 20 percent, etc.). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his family.
VA offers additional compensation through other programs, including individual unemployment, clothing allowances, hospitalization and prestabilization, car allowances, and hospitalization allowances. These are in addition to the regular disability compensation.
The Social Security Administration also gives veterans a special credit they can use to boost their lifetime earnings and be eligible for disability or retirement benefits. These additional credits are referred to as "credit for service."
Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. However, a few of these circumstances require an expert's opinion. An experienced lawyer can help a client obtain this opinion and provide the proof needed to prove the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself at an appeals hearing before the Board of tampa veterans disability attorney Appeals Hearing and making veterans' rights an integral part of his practice.
How do I submit a claim?
The first step is to look up the medical evidence supporting their impairment. This includes Xrays, doctor's notes or other evidence regarding their condition. Making these records available to the VA is crucial. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is to file an intent to file. This form permits the VA to review your claim, even before you have all the medical records you need. It also protects your effective date for receiving compensation when you win your case.
The VA will schedule your examination when all information has been received. The VA will schedule an exam in accordance with the number of disabilities as well as the type you claim. Attend this exam as missing it could delay the process of your claim.
The VA will provide you with a decision package when the examinations have been completed. If the VA rejects the claim, you have a year to request a more thorough review.
A lawyer can assist you in this situation. VA-accredited lawyers are now involved in the appeals from the start, which is a huge advantage for those who are seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a frustrating experience. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement you should state to the VA why you disagreed with their decision. You don't have to list every reason, but you must list all the points you disagree with.
It is also essential to request your C-file (claims file) to see the evidence the VA used in making their decision. Often times, there are missing or incomplete records. This can lead to an error in the rating.
When you file your NOD, you'll be asked to choose whether you want your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO reviews your case than when 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 conduct the review of your claim on the basis of a "de novo" basis, which means they will not give any deference to the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most lengthy appeals process and can take up to three years to reach an appeal to be heard.
What is the average cost a lawyer can charge?
Lawyers can charge a fee to assist appeal the VA decision regarding a disability claim. However, current law prohibits lawyers from charging for initial assistance in a claim. This is because the fee must be contingent upon the lawyer winning your case, or getting your benefits increased through an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.
Veterans may find accredited representatives through the VA's searchable database that lists accredited attorneys or claims representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of issues such as disability compensation 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 get back pay from the VA. The amount of backpay that is awarded can vary but can be as high as 20 percent of a claimant's past due benefits.
In rare cases, an agent or attorney may choose to charge on per hour basis. This isn't often the case due to two reasons. These matters can take months or even years to be resolved. Second, most veterans and their families are unable to afford to pay on an hourly basis.
Ken counsels military veterans to assist them in obtaining the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of laramie veterans disability attorney Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an VA Disability?
The amount of monthly monetary compensation paid to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of an injury or illness and can vary between zero and 100% in increments of 10% (e.g. 20% 30%, 20 percent, etc.). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his family.
VA offers additional compensation through other programs, including individual unemployment, clothing allowances, hospitalization and prestabilization, car allowances, and hospitalization allowances. These are in addition to the regular disability compensation.
The Social Security Administration also gives veterans a special credit they can use to boost their lifetime earnings and be eligible for disability or retirement benefits. These additional credits are referred to as "credit for service."
Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. However, a few of these circumstances require an expert's opinion. An experienced lawyer can help a client obtain this opinion and provide the proof needed to prove the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself at an appeals hearing before the Board of tampa veterans disability attorney Appeals Hearing and making veterans' rights an integral part of his practice.
How do I submit a claim?
The first step is to look up the medical evidence supporting their impairment. This includes Xrays, doctor's notes or other evidence regarding their condition. Making these records available to the VA is crucial. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is to file an intent to file. This form permits the VA to review your claim, even before you have all the medical records you need. It also protects your effective date for receiving compensation when you win your case.
The VA will schedule your examination when all information has been received. The VA will schedule an exam in accordance with the number of disabilities as well as the type you claim. Attend this exam as missing it could delay the process of your claim.
The VA will provide you with a decision package when the examinations have been completed. If the VA rejects the claim, you have a year to request a more thorough review.
A lawyer can assist you in this situation. VA-accredited lawyers are now involved in the appeals from the start, which is a huge advantage for those who are seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a frustrating experience. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office which sent you the Rating decision. In your Notice of Disagreement you should state to the VA why you disagreed with their decision. You don't have to list every reason, but you must list all the points you disagree with.
It is also essential to request your C-file (claims file) to see the evidence the VA used in making their decision. Often times, there are missing or incomplete records. This can lead to an error in the rating.
When you file your NOD, you'll be asked to choose whether you want your case reviewed by a Board of Veterans Appeals or a Decision Review officer. In general, you'll have a better chance of success when the DRO reviews your case than when 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 conduct the review of your claim on the basis of a "de novo" basis, which means they will not give any deference to the previous decision. This usually results in the issue of a new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most lengthy appeals process and can take up to three years to reach an appeal to be heard.
What is the average cost a lawyer can charge?
Lawyers can charge a fee to assist appeal the VA decision regarding a disability claim. However, current law prohibits lawyers from charging for initial assistance in a claim. This is because the fee must be contingent upon the lawyer winning your case, or getting your benefits increased through an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.
Veterans may find accredited representatives through the VA's searchable database that lists accredited attorneys or claims representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of issues such as disability compensation 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 get back pay from the VA. The amount of backpay that is awarded can vary but can be as high as 20 percent of a claimant's past due benefits.
In rare cases, an agent or attorney may choose to charge on per hour basis. This isn't often the case due to two reasons. These matters can take months or even years to be resolved. Second, most veterans and their families are unable to afford to pay on an hourly basis.
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