Veterans Disability Case Tools To Help You Manage Your Daily Life Vete…
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Veterans Disability Litigation
Ken assists veterans in navigating the system to help them get the disability compensation they are entitled to. Ken also represents his clients in VA Board of Veterans Appeals Hearings.
The Department of logansport veterans disability law firm Affairs discriminated against Black veterans for years by generally denying their disability claims in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an 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 determined by the severity of an injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20 percent 30, 30 percent, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their families.
VA provides additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization, automobile allowances, and hospitalization allowances. These are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits that they can use to increase their lifetime earnings and be eligible for disability or retirement benefits. These extra credits are known as "credit for service."
Many of the conditions that make veterans for disability compensation are described in the Code of Federal Regulations. However, some of these conditions require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and present 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 ensuring that our clients get the disability benefits they deserve. We have handled hundreds of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after securing his own representation in a Board of Veterans Appeals Hearing and making veterans' rights a priority for his practice.
How do I file a claim?
Veterans must first find the medical evidence to prove their disability. This includes X-rays and lawsuit doctor's reports, as as any other documentation related to the condition of the veteran. It is vital to provide these records to 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 the filing of an intent to file. This form allows the VA to review your claim before you have the needed information and medical records. This form also preserves the date of effective compensation benefits in case you win your case.
Once all the information is submitted, the VA will schedule an appointment for you. The VA will schedule an exam in accordance with the amount of disabilities you have and the type of disability you're claiming. Don't miss this exam because it could delay the process of submitting your claim.
Once the tests are complete after which the VA will examine the evidence and send you a decision package. If the VA decides to deny the claim, you have a year to request a higher-level review.
A lawyer can help you in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a hugely beneficial to those seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a difficult experience. The VA has an appeals process for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement you should state to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you must be clear about the issues you disagree with.
It's also crucial to request your C-file (claims file) to see the evidence that the VA used in making their decision. There are often documents that are not complete or lawsuit have been deleted. In certain cases it could lead to an error in the rating decision.
When you file your NOD, you must choose whether you prefer to have your situation reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO examines your case rather than if it's reviewed by the BVA.
You can request a personal hearing with a senior rating expert through an DRO review. The DRO will conduct an examination of your claim on a "de de novo" basis, which means that they will not give any deference to the previous decision. This typically results in a totally new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most time consuming appeals path and typically takes one to three years to receive an updated decision.
How much can an attorney charge?
Lawyers may charge a fee to assist you appeal an VA disability decision. The law in place today does not permit lawyers to charge fees for assistance with a claim in the beginning. 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. Typically the fees are paid directly from any lump-sum payments you receive from the VA.
Veterans can use the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a wide range of issues that include disability compensation claims and pension claims.
Most disability advocates for veterans are paid on an hourly basis. This means that they will only be paid if they are successful in winning the appeal of the client and receive back payment from the VA. The amount of backpay that is granted can differ however it could be as high as 20 percent of the claimant's past due benefits.
In rare cases an attorney or agent may decide to charge on an the basis of an hourly rate. But, this isn't common for two reasons. First, these cases are usually time-consuming and can last for months or even years. Second, most veterans and their families cannot afford to pay on an hourly basis.
Ken assists veterans in navigating the system to help them get the disability compensation they are entitled to. Ken also represents his clients in VA Board of Veterans Appeals Hearings.
The Department of logansport veterans disability law firm Affairs discriminated against Black veterans for years by generally denying their disability claims in a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is an 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 determined by the severity of an injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20 percent 30, 30 percent, etc.). The compensation is tax-free, and provides a minimum income for the disabled veteran and their families.
VA provides additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization, automobile allowances, and hospitalization allowances. These are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits that they can use to increase their lifetime earnings and be eligible for disability or retirement benefits. These extra credits are known as "credit for service."
Many of the conditions that make veterans for disability compensation are described in the Code of Federal Regulations. However, some of these conditions require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and present 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 ensuring that our clients get the disability benefits they deserve. We have handled hundreds of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who after securing his own representation in a Board of Veterans Appeals Hearing and making veterans' rights a priority for his practice.
How do I file a claim?
Veterans must first find the medical evidence to prove their disability. This includes X-rays and lawsuit doctor's reports, as as any other documentation related to the condition of the veteran. It is vital to provide these records to 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 the filing of an intent to file. This form allows the VA to review your claim before you have the needed information and medical records. This form also preserves the date of effective compensation benefits in case you win your case.
Once all the information is submitted, the VA will schedule an appointment for you. The VA will schedule an exam in accordance with the amount of disabilities you have and the type of disability you're claiming. Don't miss this exam because it could delay the process of submitting your claim.
Once the tests are complete after which the VA will examine the evidence and send you a decision package. If the VA decides to deny the claim, you have a year to request a higher-level review.
A lawyer can help you in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a hugely beneficial to those seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a difficult experience. The VA has an appeals process for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement you should state to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you must be clear about the issues you disagree with.
It's also crucial to request your C-file (claims file) to see the evidence that the VA used in making their decision. There are often documents that are not complete or lawsuit have been deleted. In certain cases it could lead to an error in the rating decision.
When you file your NOD, you must choose whether you prefer to have your situation reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success when the DRO examines your case rather than if it's reviewed by the BVA.
You can request a personal hearing with a senior rating expert through an DRO review. The DRO will conduct an examination of your claim on a "de de novo" basis, which means that they will not give any deference to the previous decision. This typically results in a totally new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the most time consuming appeals path and typically takes one to three years to receive an updated decision.
How much can an attorney charge?
Lawyers may charge a fee to assist you appeal an VA disability decision. The law in place today does not permit lawyers to charge fees for assistance with a claim in the beginning. 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. Typically the fees are paid directly from any lump-sum payments you receive from the VA.
Veterans can use the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These people are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a wide range of issues that include disability compensation claims and pension claims.
Most disability advocates for veterans are paid on an hourly basis. This means that they will only be paid if they are successful in winning the appeal of the client and receive back payment from the VA. The amount of backpay that is granted can differ however it could be as high as 20 percent of the claimant's past due benefits.
In rare cases an attorney or agent may decide to charge on an the basis of an hourly rate. But, this isn't common for two reasons. First, these cases are usually time-consuming and can last for months or even years. Second, most veterans and their families cannot afford to pay on an hourly basis.
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