10 Healthy Veterans Disability Case Habits
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Veterans Disability Litigation
Ken counsels military veterans to assist them in obtaining the disability compensation they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans disability law firms for years by discriminating against their disability claims as per a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA disability?
The amount of monetary compensation per month given to veterans with service connected disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness, and can range between zero and Veterans Disability Lawyer 100% in increments of 10 percent (e.g. 20 percent 30%, 20%, etc.). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans a special credit they can utilize to increase their lifetime earnings and qualify for retirement or disability benefits. These extra credits are referred to as "credit for service."
Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's opinion. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence required to prove the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the benefits they're entitled to. We have handled thousands of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after securing his own representation in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.
How do I submit a claim?
Veterans need to first collect the medical evidence to prove their impairment. This includes X-rays, doctor's notes or other evidence relevant to their health. Making these records available to the VA is very important. If a veteran doesn't have these documents and the VA should be notified by the applicant (or their VSO).
The next step is the filing of an intention to file. This is a form that permits the VA to review your claim, even before you have all the medical records you require. This form also preserves the effective date of your compensation benefits in the event that you are successful in your case.
The VA will schedule your appointment after all the details have been received. The VA will set the date for the examination based on the severity of your disability and the type you are claiming. Make sure you attend the exam, since If you don't and fail to take it, it could hinder your claim.
The VA will send you a decision document after the tests have been completed. If the VA denies the claim, you'll have a year to request a higher level review.
At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a a huge benefit to those seeking disability benefits.
How do I appeal a denial?
The denial of disability benefits to veterans can be a source of frustration. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement you must inform the VA the reasons you don't agree with their decision. You don't have to include every reason but you should list all the points you disagree with.
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. Often times there are gaps or insufficient records. This can sometimes lead to an error in the rating.
If you submit your NOD you will need to decide if you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.
When you request a DRO review you have the option of asking for an individual hearing with a senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, which means that they will not give deference to the previous decision. This usually results in a totally new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the longest appeals procedure and can take approximately three years to get a new decision.
How much can a lawyer charge?
A lawyer can charge a fee to help appeal the VA decision on an appeal for [Redirect-iFrame] disability. However, current law prevents lawyers from charging fees for assistance when submitting a claim. This is because the fee has to be contingent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.
Veterans can look through 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 Affairs to represent service members, veterans or their dependents on a range of issues including pension and disability compensation claims.
The majority of veterans' disability advocates are paid on an hourly basis. They only receive compensation when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's total benefits.
In rare cases, an agent or lawyer might decide to charge an hourly rate. This is rare for two reasons. First, these issues can be time-consuming and can take months or even years. Additionally, many veterans and their families are unable to afford to pay on an hourly basis.
Ken counsels military veterans to assist them in obtaining the disability compensation they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans disability law firms for years by discriminating against their disability claims as per a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA disability?
The amount of monetary compensation per month given to veterans with service connected disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness, and can range between zero and Veterans Disability Lawyer 100% in increments of 10 percent (e.g. 20 percent 30%, 20%, etc.). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans a special credit they can utilize to increase their lifetime earnings and qualify for retirement or disability benefits. These extra credits are referred to as "credit for service."
Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require an expert's opinion. An experienced veteran lawyer can help a client obtain this opinion and provide the evidence required to prove the claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the benefits they're entitled to. We have handled thousands of disability cases and are proficient in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after securing his own representation in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.
How do I submit a claim?
Veterans need to first collect the medical evidence to prove their impairment. This includes X-rays, doctor's notes or other evidence relevant to their health. Making these records available to the VA is very important. If a veteran doesn't have these documents and the VA should be notified by the applicant (or their VSO).
The next step is the filing of an intention to file. This is a form that permits the VA to review your claim, even before you have all the medical records you require. This form also preserves the effective date of your compensation benefits in the event that you are successful in your case.
The VA will schedule your appointment after all the details have been received. The VA will set the date for the examination based on the severity of your disability and the type you are claiming. Make sure you attend the exam, since If you don't and fail to take it, it could hinder your claim.
The VA will send you a decision document after the tests have been completed. If the VA denies the claim, you'll have a year to request a higher level review.
At this point, a lawyer can help you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is a a huge benefit to those seeking disability benefits.
How do I appeal a denial?
The denial of disability benefits to veterans can be a source of frustration. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement you must inform the VA the reasons you don't agree with their decision. You don't have to include every reason but you should list all the points you disagree with.
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. Often times there are gaps or insufficient records. This can sometimes lead to an error in the rating.
If you submit your NOD you will need to decide if you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.
When you request a DRO review you have the option of asking for an individual hearing with a senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, which means that they will not give deference to the previous decision. This usually results in a totally new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the longest appeals procedure and can take approximately three years to get a new decision.
How much can a lawyer charge?
A lawyer can charge a fee to help appeal the VA decision on an appeal for [Redirect-iFrame] disability. However, current law prevents lawyers from charging fees for assistance when submitting a claim. This is because the fee has to be contingent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.
Veterans can look through 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 Affairs to represent service members, veterans or their dependents on a range of issues including pension and disability compensation claims.
The majority of veterans' disability advocates are paid on an hourly basis. They only receive compensation when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay that is awarded varies, but can be as much as 20 percent of the claimant's total benefits.
In rare cases, an agent or lawyer might decide to charge an hourly rate. This is rare for two reasons. First, these issues can be time-consuming and can take months or even years. Additionally, many veterans and their families are unable to afford to pay on an hourly basis.
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