Veterans Disability Case Tools To Ease Your Daily Lifethe One Veterans…
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Ken counsels military veterans to help them get 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 decades by generally denying their disability claims according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA Disability?
The amount of monthly monetary compensation provided to veterans suffering from service-related disabilities is based on their disability rating. The rating is determined by the severity of the illness or injury and can range from 0% to 100 percent in increments of 10% (e.g., 20%, 30% etc). The amount is devoid of tax and provides a basic amount of income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation such as individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These 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 extra credits are referred to as "credit for service."
Many 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 opinion. An experienced veteran lawyer can assist clients in obtaining this opinion and present the evidence required to prove the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients receive the disability benefits that they deserve. We have handled thousands of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself in a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans the top priority in his practice.
How do I make a claim?
First, veterans must locate the medical evidence supporting their disability. This includes X-rays, doctor's notes or other evidence relevant to their medical condition. It is vital to provide these documents to the VA. 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 submit an intent to file. This form allows the VA review your claim even before you have the needed information and Veterans Disability medical records. It also keeps your date of eligibility for compensation benefits if you win your case.
The VA will schedule your medical exam when all details have been received. This will be dependent on the type and number of disabilities you are claiming. Make sure that you take the exam, since in the event you fail to take it this could affect your claim.
After the examinations are completed after which the VA will review the evidence and send you a decision packet. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.
A lawyer can be of assistance at this point. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit to those who are seeking disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans can be extremely frustrating. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA why you disagreed with their decision. You don't need to list every reason, but you must be clear about the issues you don't agree with.
You should also request your C file, or claims file, to see what evidence the VA used to make their decision. Most of the time there are missing or insufficient records. In some cases this could result in an error in the rating decision.
When you submit your NOD you will need to decide if you want to have your case considered by a Decision Review Officer or by the Board of veterans disability law firm Appeals. In general you'll have a higher chance of success if the DRO examines your case rather than when it's reviewed by BVA.
In the event of the DRO review, you can request a personal hearing before a senior rating specialist. The DRO will review your claim "de de novo", meaning that they will not be influenced by the previous decision. This usually will result in a brand new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest appeals process and Veterans Disability can take approximately three years to get a new decision.
What is the average amount an attorney can charge?
A lawyer could charge a fee to assist you appeal an VA disability decision. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only due in the event that the lawyer wins your case or increases your benefits via an appeal. Typically these fees are paid directly out of any lump-sum payments you receive from the VA.
Veterans can use the VA's database of accredited attorneys or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors in a variety of matters including disability compensation and pension claims.
The majority of veterans' disability advocates are paid on an hourly basis. They only get paid when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's past-due benefit.
In rare cases lawyers or agents might decide to charge an hourly fee. This is uncommon due to two reasons. First, these situations tend to be time-consuming and can take months or even years. In addition, the majority of veterans and their families are unable to afford to pay on an hourly basis.
Ken counsels military veterans to help them get 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 decades by generally denying their disability claims according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA Disability?
The amount of monthly monetary compensation provided to veterans suffering from service-related disabilities is based on their disability rating. The rating is determined by the severity of the illness or injury and can range from 0% to 100 percent in increments of 10% (e.g., 20%, 30% etc). The amount is devoid of tax and provides a basic amount of income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation such as individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These 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 extra credits are referred to as "credit for service."
Many 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 opinion. An experienced veteran lawyer can assist clients in obtaining this opinion and present the evidence required to prove the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients receive the disability benefits that they deserve. We have handled thousands of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself in a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans the top priority in his practice.
How do I make a claim?
First, veterans must locate the medical evidence supporting their disability. This includes X-rays, doctor's notes or other evidence relevant to their medical condition. It is vital to provide these documents to the VA. 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 submit an intent to file. This form allows the VA review your claim even before you have the needed information and Veterans Disability medical records. It also keeps your date of eligibility for compensation benefits if you win your case.
The VA will schedule your medical exam when all details have been received. This will be dependent on the type and number of disabilities you are claiming. Make sure that you take the exam, since in the event you fail to take it this could affect your claim.
After the examinations are completed after which the VA will review the evidence and send you a decision packet. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.
A lawyer can be of assistance at this point. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit to those who are seeking disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans can be extremely frustrating. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA why you disagreed with their decision. You don't need to list every reason, but you must be clear about the issues you don't agree with.
You should also request your C file, or claims file, to see what evidence the VA used to make their decision. Most of the time there are missing or insufficient records. In some cases this could result in an error in the rating decision.
When you submit your NOD you will need to decide if you want to have your case considered by a Decision Review Officer or by the Board of veterans disability law firm Appeals. In general you'll have a higher chance of success if the DRO examines your case rather than when it's reviewed by BVA.
In the event of the DRO review, you can request a personal hearing before a senior rating specialist. The DRO will review your claim "de de novo", meaning that they will not be influenced by the previous decision. This usually will result in a brand new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest appeals process and Veterans Disability can take approximately three years to get a new decision.
What is the average amount an attorney can charge?
A lawyer could charge a fee to assist you appeal an VA disability decision. The law currently does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only due in the event that the lawyer wins your case or increases your benefits via an appeal. Typically these fees are paid directly out of any lump-sum payments you receive from the VA.
Veterans can use the VA's database of accredited attorneys or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors in a variety of matters including disability compensation and pension claims.
The majority of veterans' disability advocates are paid on an hourly basis. They only get paid when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay awarded varies, but can be as high as 20 percent of the claimant's past-due benefit.
In rare cases lawyers or agents might decide to charge an hourly fee. This is uncommon due to two reasons. First, these situations tend to be time-consuming and can take months or even years. In addition, the majority of veterans and their families are unable to afford to pay on an hourly basis.
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