How Veterans Disability Case Altered My Life For The Better
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Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans disability legal for years by disproportionately rejecting their disability claims according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA Disability?
The amount of monthly monetary compensation that veterans disability claim receive for service-related disabilities is based on their disability rating. The rating is determined by the severity of the illness or injury and can vary from 0% to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.
VA provides additional compensation through other programs, like individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credit that they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
A majority of the conditions that qualify disabled veterans for disability benefits are included in the Code of Federal Regulations. Certain of these conditions, however require an expert's advice. A skilled lawyer with years of experience can assist a client in obtaining this opinion and present the evidence required to support a claim for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to assisting our clients to receive the benefits they're entitled to. We have handled thousands of disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled vet who after having successfully represented himself at a Board of Veterans Appeals Hearing, made veterans' rights a priority for his practice.
How do I submit a claim?
First, veterans must look up the medical evidence supporting their condition. This includes X-rays and doctor's reports or other documentation that relate to their health. It is essential to submit these documents to the VA. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).
The next step is the filing of an intention to file. This form allows the VA to begin reviewing your claim before you have all the medical records you need. This form also protects the date of effective compensation benefits in the event you are successful in your case.
If all the required information is received, the VA will arrange an examination for you. The VA will set the date for the examination in accordance with the amount of disabilities you have and Veterans Disability Litigation the type of disability you're claiming. Attend this exam as missing it could delay the processing of your claim.
After the examinations are completed Once the examinations are complete, the VA will examine the evidence and then send you a confirmation packet. If the VA denies the claim, you'll have one year to request a higher-level review.
At this point, a lawyer can assist you. VA-accredited lawyers are now involved in appeals from the beginning, which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans is a frustrating experience. Thankfully the VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement you have to tell the VA the reason you don't like their decision. You don't need to list every reason, but you should be clear about the issues you don't agree with.
It is also essential to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. In many cases there are missing or insufficient records. In some instances this could lead to an error in the rating decision.
If you submit 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 compensation Appeals. In general you'll have a higher chance of success when the DRO reviews your case, compared to if it's reviewed by the BVA.
You can request a private hearing with a senior rating expert via the process of a DRO review. The DRO will conduct an investigation of your claim on the basis of a "de de novo" basis, which means that they don't give deference the previous decision. This typically results in a new Rating Decision. You can also request that the BVA in Washington review your claim. This is the longest lengthy appeals procedure and typically takes one to three years to get a new decision.
How much does a lawyer charge?
A lawyer may charge a fee for assisting you appeal a VA disability decision. But, current law prohibits lawyers from charging fees to assist when submitting a claim. The fee is only due if the lawyer is successful in your case or increases your benefits through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.
Veterans are able to search the database of accredited attorneys or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad variety of cases including pension and disability compensation claims.
Most disability advocates for veterans are paid on an ad-hoc basis. They only get paid when they prevail in their client's appeal and they receive back pay from VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total benefit.
In rare cases lawyers or agents might choose to charge an hourly fee. But, this isn't common for two reasons. These matters could take months or even years to be resolved. In addition, many veterans and their families cannot afford to pay an hourly rate.
Ken helps veterans obtain the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans disability legal for years by disproportionately rejecting their disability claims according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA Disability?
The amount of monthly monetary compensation that veterans disability claim receive for service-related disabilities is based on their disability rating. The rating is determined by the severity of the illness or injury and can vary from 0% to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.
VA provides additional compensation through other programs, like individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credit that they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These credits are referred to as "credit for service."
A majority of the conditions that qualify disabled veterans for disability benefits are included in the Code of Federal Regulations. Certain of these conditions, however require an expert's advice. A skilled lawyer with years of experience can assist a client in obtaining this opinion and present the evidence required to support a claim for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to assisting our clients to receive the benefits they're entitled to. We have handled thousands of disability cases and are well-versed with the complexities of VA rules and regulations. Our firm was established in 1996 by a disabled vet who after having successfully represented himself at a Board of Veterans Appeals Hearing, made veterans' rights a priority for his practice.
How do I submit a claim?
First, veterans must look up the medical evidence supporting their condition. This includes X-rays and doctor's reports or other documentation that relate to their health. It is essential to submit these documents to the VA. If a veteran does not have these documents then the VA must be informed by the claimant (or their VSO).
The next step is the filing of an intention to file. This form allows the VA to begin reviewing your claim before you have all the medical records you need. This form also protects the date of effective compensation benefits in the event you are successful in your case.
If all the required information is received, the VA will arrange an examination for you. The VA will set the date for the examination in accordance with the amount of disabilities you have and Veterans Disability Litigation the type of disability you're claiming. Attend this exam as missing it could delay the processing of your claim.
After the examinations are completed Once the examinations are complete, the VA will examine the evidence and then send you a confirmation packet. If the VA denies the claim, you'll have one year to request a higher-level review.
At this point, a lawyer can assist you. VA-accredited lawyers are now involved in appeals from the beginning, which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans is a frustrating experience. Thankfully the VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement you have to tell the VA the reason you don't like their decision. You don't need to list every reason, but you should be clear about the issues you don't agree with.
It is also essential to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. In many cases there are missing or insufficient records. In some instances this could lead to an error in the rating decision.
If you submit 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 compensation Appeals. In general you'll have a higher chance of success when the DRO reviews your case, compared to if it's reviewed by the BVA.
You can request a private hearing with a senior rating expert via the process of a DRO review. The DRO will conduct an investigation of your claim on the basis of a "de de novo" basis, which means that they don't give deference the previous decision. This typically results in a new Rating Decision. You can also request that the BVA in Washington review your claim. This is the longest lengthy appeals procedure and typically takes one to three years to get a new decision.
How much does a lawyer charge?
A lawyer may charge a fee for assisting you appeal a VA disability decision. But, current law prohibits lawyers from charging fees to assist when submitting a claim. The fee is only due if the lawyer is successful in your case or increases your benefits through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.
Veterans are able to search the database of accredited attorneys or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a broad variety of cases including pension and disability compensation claims.
Most disability advocates for veterans are paid on an ad-hoc basis. They only get paid when they prevail in their client's appeal and they receive back pay from VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total benefit.
In rare cases lawyers or agents might choose to charge an hourly fee. But, this isn't common for two reasons. These matters could take months or even years to be resolved. In addition, many veterans and their families cannot afford to pay an hourly rate.
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