10 Tips For Veterans Disability Case That Are Unexpected
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Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they deserve. Ken is also a lawyer for Veterans Disability Litigation his clients at 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 disability law by discriminating against their disability claims.
What is an VA Disability?
The amount of monetary compensation per month paid to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can vary from 0% to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.
The VA also has other programs that provide additional compensation like individual unemployment, auto allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits they can use to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These credits are also referred to as "credit for service."
Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. However, a few of these conditions require an expert's advice. An experienced lawyer can assist a customer in obtaining this opinion, and supply the evidence needed to support a claim of 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 thousands of disability cases and are knowledgeable in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an integral part of his practice.
How do I make a claim?
veterans disability law need to first collect the medical evidence of their impairment. This includes X-rays or doctor's notes, as well any other documentation pertaining to the veteran's condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to file an intent to file. This form allows the VA examine your claim even before you have the proper information and medical records. The form also keeps the effective date of your compensation benefits in case you are successful in your case.
When all the data is provided, the VA will schedule an appointment for you. The VA will schedule the exam based on the number of disabilities as well as the type of disability you claim. Attend this exam as missing it could delay the process of submitting your claim.
The VA will provide you with a decision package once 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 point, a lawyer can help you. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is a an enormous benefit to people seeking disability benefits.
How do I appeal a denial?
Denial of veterans' disability benefits can be frustrating. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that sent you the Rating Decision. In your notice of disagreement, you have to tell the VA why you disagree with their decision. You don't need to list all the reasons however, you must mention everything that you disagree on.
You should also request your C file or claims file to see the evidence that the VA used to reach their decision. There are usually documents that are not complete or have been deleted. In certain cases this could result in an error in the rating decision.
If you submit your NOD you must choose whether you would like your case reviewed by a Decision Review Officer or by the Board of veterans disability attorney Appeals. Generally speaking, you'll be more likely to have success when you opt for a DRO review than with the BVA.
When you request the DRO review you have the option of asking for an individual hearing before an experienced senior rating specialist. The DRO will examine your claim "de novo" which means that they will not defer to the previous decision. This typically results in a new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the time demanding appeals process and usually takes between one and three years to receive an updated decision.
How much can a lawyer charge?
A lawyer can charge a fee to help you appeal a VA decision on the basis of disability. The law as it stands today does not permit lawyers to charge for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or Veterans Disability Litigation increases your benefits via an appeal. Typically the fees will be paid directly out of any lump-sum payment you receive from the VA.
Veterans can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been certified by the Department of veterans disability lawyers Affairs to represent veterans, service members, dependents, or survivors on a range of issues including pension and disability compensation claims.
Most disability advocates for veterans are paid on the basis of a contingent. This means that they are only paid if they are successful in winning the appeal of the client and receive back pay from the VA. The amount of backpay paid can vary, but it can be as high as 20 percent of the claimant's past due benefits.
In rare instances, an agent or lawyer might decide to charge an hourly fee. This is not common due to two reasons. These issues can take a long time to resolve. In addition, many veterans disability compensation and their families are unable to afford an hourly fee.
Ken helps veterans obtain the disability benefits they deserve. Ken is also a lawyer for Veterans Disability Litigation his clients at 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 disability law by discriminating against their disability claims.
What is an VA Disability?
The amount of monetary compensation per month paid to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can vary from 0% to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income to the disabled veteran and their families.
The VA also has other programs that provide additional compensation like individual unemployment, auto allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits they can use to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These credits are also referred to as "credit for service."
Code of Federal Regulations lists several conditions that can qualify a veteran for disability compensation. However, a few of these conditions require an expert's advice. An experienced lawyer can assist a customer in obtaining this opinion, and supply the evidence needed to support a claim of 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 thousands of disability cases and are knowledgeable in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an integral part of his practice.
How do I make a claim?
veterans disability law need to first collect the medical evidence of their impairment. This includes X-rays or doctor's notes, as well any other documentation pertaining to the veteran's condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to file an intent to file. This form allows the VA examine your claim even before you have the proper information and medical records. The form also keeps the effective date of your compensation benefits in case you are successful in your case.
When all the data is provided, the VA will schedule an appointment for you. The VA will schedule the exam based on the number of disabilities as well as the type of disability you claim. Attend this exam as missing it could delay the process of submitting your claim.
The VA will provide you with a decision package once 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 point, a lawyer can help you. Accredited lawyers from VA can now get involved in the appeals process from the beginning, which is a an enormous benefit to people seeking disability benefits.
How do I appeal a denial?
Denial of veterans' disability benefits can be frustrating. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that sent you the Rating Decision. In your notice of disagreement, you have to tell the VA why you disagree with their decision. You don't need to list all the reasons however, you must mention everything that you disagree on.
You should also request your C file or claims file to see the evidence that the VA used to reach their decision. There are usually documents that are not complete or have been deleted. In certain cases this could result in an error in the rating decision.
If you submit your NOD you must choose whether you would like your case reviewed by a Decision Review Officer or by the Board of veterans disability attorney Appeals. Generally speaking, you'll be more likely to have success when you opt for a DRO review than with the BVA.
When you request the DRO review you have the option of asking for an individual hearing before an experienced senior rating specialist. The DRO will examine your claim "de novo" which means that they will not defer to the previous decision. This typically results in a new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the time demanding appeals process and usually takes between one and three years to receive an updated decision.
How much can a lawyer charge?
A lawyer can charge a fee to help you appeal a VA decision on the basis of disability. The law as it stands today does not permit lawyers to charge for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or Veterans Disability Litigation increases your benefits via an appeal. Typically the fees will be paid directly out of any lump-sum payment you receive from the VA.
Veterans can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been certified by the Department of veterans disability lawyers Affairs to represent veterans, service members, dependents, or survivors on a range of issues including pension and disability compensation claims.
Most disability advocates for veterans are paid on the basis of a contingent. This means that they are only paid if they are successful in winning the appeal of the client and receive back pay from the VA. The amount of backpay paid can vary, but it can be as high as 20 percent of the claimant's past due benefits.
In rare instances, an agent or lawyer might decide to charge an hourly fee. This is not common due to two reasons. These issues can take a long time to resolve. In addition, many veterans disability compensation and their families are unable to afford an hourly fee.
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