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Veterans Disability Litigation
Ken counsels military veterans to assist them in getting the disability compensation they deserve. He assists 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 as per a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is what is 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 based on the severity of an illness or injury and can vary between 0% and 100% in increments of 10% (e.g. 20 percent, 30 percent, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their families.
VA provides additional compensation through other programs, such as individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credit that they can use to boost their lifetime earnings to qualify for retirement or disability benefits. These credits are referred to as "credit for service."
Many of the conditions that make disabled veterans for disability benefits are described in the Code of Federal Regulations. However, some of these conditions require an expert opinion. An experienced lawyer can help a client obtain this opinion and provide the evidence needed to prove a claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled vet who after having successfully represented himself at a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I make a claim?
Veterans must first locate the medical evidence supporting their disability. This includes X-rays and doctor's reports, as well with any other documentation that is related to the veteran's condition. The submission of these records to the VA is essential. If a veteran doesn't have these documents and the VA should be notified by the claimant (or their VSO).
The next step is to fill out an intent to file. This form allows the VA to review your claim before you have the needed information and medical records. It also keeps your effective date for compensation benefits when you win your case.
The VA will schedule your exam after all the information has been received. The VA will set the date for the examination in accordance with the severity of your disability and the type of disability you claim. Don't miss this exam because it could delay the process of your claim.
The VA will send you a decision package after the examinations are completed. If the VA denies the claim, veterans disability you'll have one year to request a more thorough review.
A lawyer can assist you at this point. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a hugely beneficial to those who are seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a difficult experience. Thankfully the VA has an appeals process 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 should explain to the VA why you disagreed with their decision. You don't have to list every reason but you should list everything that you disagree on.
You should also request your C-file, or claims file, so that you can determine what evidence the VA used to arrive at their decision. There are usually insufficient or missing records. In certain cases this could lead to an error in the rating decision.
When you file your NOD, the applicant will be asked to choose whether you would like your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general, you will be more likely to have success when you opt for the DRO review DRO review than with the BVA.
You can request a private hearing with an expert in senior rating through a DRO review. The DRO will conduct an investigation of your claim on a "de de novo" basis, which means 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 request that the BVA in Washington examine your claim. This is the most lengthy appeals procedure and can take up to three years before you receive an update on the decision.
What is the average amount an attorney can charge?
A lawyer may charge a fee to assist you appeal the VA decision on a disability claim. The law currently does not allow lawyers to charge fees for initial assistance in a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be paid directly from any lump-sum payments you get from the VA.
veterans disability law firms are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans or their dependents in a range of issues such as disability compensation and pension claims.
Most veterans' disability advocates work on a contingency basis. This means that they are only paid if they win the appeal of the client and receive back pay from the VA. The amount of back pay that is awarded varies, but can be as high as 20 percent of the claimant's total past due benefits.
In rare cases, an agent or lawyer could decide to charge an hourly rate. This is not common due to two reasons. These issues can take a long time to be resolved. Second, most veterans and their families can't afford to pay for these services on an hourly basis.
Ken counsels military veterans to assist them in getting the disability compensation they deserve. He assists 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 as per a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is what is 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 based on the severity of an illness or injury and can vary between 0% and 100% in increments of 10% (e.g. 20 percent, 30 percent, etc.). The compensation is tax-free and serves as a basic income for disabled veterans and their families.
VA provides additional compensation through other programs, such as individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credit that they can use to boost their lifetime earnings to qualify for retirement or disability benefits. These credits are referred to as "credit for service."
Many of the conditions that make disabled veterans for disability benefits are described in the Code of Federal Regulations. However, some of these conditions require an expert opinion. An experienced lawyer can help a client obtain this opinion and provide the evidence needed to prove a claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled vet who after having successfully represented himself at a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I make a claim?
Veterans must first locate the medical evidence supporting their disability. This includes X-rays and doctor's reports, as well with any other documentation that is related to the veteran's condition. The submission of these records to the VA is essential. If a veteran doesn't have these documents and the VA should be notified by the claimant (or their VSO).
The next step is to fill out an intent to file. This form allows the VA to review your claim before you have the needed information and medical records. It also keeps your effective date for compensation benefits when you win your case.
The VA will schedule your exam after all the information has been received. The VA will set the date for the examination in accordance with the severity of your disability and the type of disability you claim. Don't miss this exam because it could delay the process of your claim.
The VA will send you a decision package after the examinations are completed. If the VA denies the claim, veterans disability you'll have one year to request a more thorough review.
A lawyer can assist you at this point. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a hugely beneficial to those who are seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a difficult experience. Thankfully the VA has an appeals process 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 should explain to the VA why you disagreed with their decision. You don't have to list every reason but you should list everything that you disagree on.
You should also request your C-file, or claims file, so that you can determine what evidence the VA used to arrive at their decision. There are usually insufficient or missing records. In certain cases this could lead to an error in the rating decision.
When you file your NOD, the applicant will be asked to choose whether you would like your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general, you will be more likely to have success when you opt for the DRO review DRO review than with the BVA.
You can request a private hearing with an expert in senior rating through a DRO review. The DRO will conduct an investigation of your claim on a "de de novo" basis, which means 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 request that the BVA in Washington examine your claim. This is the most lengthy appeals procedure and can take up to three years before you receive an update on the decision.
What is the average amount an attorney can charge?
A lawyer may charge a fee to assist you appeal the VA decision on a disability claim. The law currently does not allow lawyers to charge fees for initial assistance in a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be paid directly from any lump-sum payments you get from the VA.
veterans disability law firms are able to search the database of attorneys accredited by the VA or claim agents to find accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans or their dependents in a range of issues such as disability compensation and pension claims.
Most veterans' disability advocates work on a contingency basis. This means that they are only paid if they win the appeal of the client and receive back pay from the VA. The amount of back pay that is awarded varies, but can be as high as 20 percent of the claimant's total past due benefits.
In rare cases, an agent or lawyer could decide to charge an hourly rate. This is not common due to two reasons. These issues can take a long time to be resolved. Second, most veterans and their families can't afford to pay for these services on an hourly basis.
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