10 Veterans Disability Case-Related Projects To Stretch Your Creativit…
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Veterans Disability Litigation
Ken assists veterans in obtaining the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week, the Department of Veterans Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.
What is what is VA Disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with disabilities that are related to service. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and veterans disability Lawsuit their families.
VA provides additional compensation through other programs, for example individual unemployment, clothing allowances prestabilization and hospitalization, car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits that they can utilize to increase their lifetime earnings to qualify for retirement or disability benefits. These additional credits are known as "credit for service."
A majority of the conditions that can qualify a veteran for disability compensation are included in the Code of Federal Regulations. Certain of these conditions, however require the opinion of an expert. A veteran lawyer with experience can assist a client obtain this opinion, and supply the evidence needed to support the claim of disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are familiar with the complexities of VA regulations and laws. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself in a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an integral part of his practice.
How do I claim a benefit?
First, veterans need to locate the medical evidence for their impairment. This includes any X-rays, doctor's notes or other evidence relevant to their health. It is essential to submit these documents to the VA. If a veteran doesn't have these documents and the VA should be notified by the applicant (or their VSO).
The next step is a filing of an intent to file. This form allows the VA to review your claim before you have all the information and medical records required. This form also ensures the date you can start receiving your compensation benefits in case you are successful in your case.
The VA will schedule your exam when all information is received. The VA will schedule the exam in accordance with the severity of your disability and the type you are claiming. Make sure you attend this test, because should you miss it the exam could delay your claim.
The VA will send you a decision-making package when the examinations have been completed. If the VA denies your claim you have one year from the date of the letter to request a higher-level review.
At this moment, a lawyer could assist you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit for people seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a gruelling experience. The VA has an appeals process to appeal these decisions. The first step is to make a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA why you are not happy with their decision. You don't need to list all of the reasons but you should include all the points you disagree with.
You must also request a C-file or claims file to see the evidence that the VA used to make their decision. There are often incomplete or missing records. In some instances, this can lead to an error in the rating decision.
When you file your NOD you must decide whether you prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO reviews your case, compared to if it's reviewed by the BVA.
You can request a personal hearing with an expert in senior ratings through an DRO review. 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 usually results in a new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest appeals process and it can take up to three years for an update on the decision.
How much can a lawyer charge?
A lawyer may charge a fee to help you appeal a VA disability decision. However, current law prohibits lawyers from charging for initial assistance in a claim. The fee is only due if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically these fees are paid directly from the lump-sum payments that you receive from the VA.
Veterans may be able locate accredited representatives using the VA's searchable database of accredited attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a wide range of issues including pension and disability compensation claims.
The majority of veterans' disability advocates operate on a contingent basis. They only get paid when they succeed in winning their client's appeal and also receive back pay from VA. The amount of backpay awarded can vary, but it can be as high as 20 percent of a claimant's past-due benefits.
In rare instances attorneys or agents may choose to charge on per hour basis. However, this is not the norm for two reasons. These matters can take a long time to be resolved. The second reason is that most veterans and their families are unable to afford to pay for these services on an hourly basis.
Ken assists veterans in obtaining the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week, the Department of Veterans Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.
What is what is VA Disability?
The disability rating determines the amount of monthly compensation that is paid to veterans with disabilities that are related to service. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in increments of 10 percent (e.g., 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and veterans disability Lawsuit their families.
VA provides additional compensation through other programs, for example individual unemployment, clothing allowances prestabilization and hospitalization, car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits that they can utilize to increase their lifetime earnings to qualify for retirement or disability benefits. These additional credits are known as "credit for service."
A majority of the conditions that can qualify a veteran for disability compensation are included in the Code of Federal Regulations. Certain of these conditions, however require the opinion of an expert. A veteran lawyer with experience can assist a client obtain this opinion, and supply the evidence needed to support the claim of disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are familiar with the complexities of VA regulations and laws. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself in a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an integral part of his practice.
How do I claim a benefit?
First, veterans need to locate the medical evidence for their impairment. This includes any X-rays, doctor's notes or other evidence relevant to their health. It is essential to submit these documents to the VA. If a veteran doesn't have these documents and the VA should be notified by the applicant (or their VSO).
The next step is a filing of an intent to file. This form allows the VA to review your claim before you have all the information and medical records required. This form also ensures the date you can start receiving your compensation benefits in case you are successful in your case.
The VA will schedule your exam when all information is received. The VA will schedule the exam in accordance with the severity of your disability and the type you are claiming. Make sure you attend this test, because should you miss it the exam could delay your claim.
The VA will send you a decision-making package when the examinations have been completed. If the VA denies your claim you have one year from the date of the letter to request a higher-level review.
At this moment, a lawyer could assist you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a an enormous benefit for people seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a gruelling experience. The VA has an appeals process to appeal these decisions. The first step is to make a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA why you are not happy with their decision. You don't need to list all of the reasons but you should include all the points you disagree with.
You must also request a C-file or claims file to see the evidence that the VA used to make their decision. There are often incomplete or missing records. In some instances, this can lead to an error in the rating decision.
When you file your NOD you must decide whether you prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO reviews your case, compared to if it's reviewed by the BVA.
You can request a personal hearing with an expert in senior ratings through an DRO review. 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 usually results in a new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the longest appeals process and it can take up to three years for an update on the decision.
How much can a lawyer charge?
A lawyer may charge a fee to help you appeal a VA disability decision. However, current law prohibits lawyers from charging for initial assistance in a claim. The fee is only due if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically these fees are paid directly from the lump-sum payments that you receive from the VA.
Veterans may be able locate accredited representatives using the VA's searchable database of accredited attorneys or claims agents. These representatives are accredited by the Department of Veterans Affairs and are able to represent service members, veterans or dependents in a wide range of issues including pension and disability compensation claims.
The majority of veterans' disability advocates operate on a contingent basis. They only get paid when they succeed in winning their client's appeal and also receive back pay from VA. The amount of backpay awarded can vary, but it can be as high as 20 percent of a claimant's past-due benefits.
In rare instances attorneys or agents may choose to charge on per hour basis. However, this is not the norm for two reasons. These matters can take a long time to be resolved. The second reason is that most veterans and their families are unable to afford to pay for these services on an hourly basis.
