Why Veterans Disability Case Can Be More Dangerous Than You Thought
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Veterans Disability Litigation
Ken counsels military veterans to assist them in obtaining the disability benefits they deserve. He also represents 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, disproportionately refusing their disability claims.
What is an VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. This rating is determined by the severity of the injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is tax-free and provides basic income for disabled veterans and their families.
The VA also has other programs that provide additional compensation such as 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 Disability Law Firms a special credit they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are known as "credit for service."
Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. However, a few of these circumstances require an expert's opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and present the evidence required to support a claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans disability attorney claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and we are well-versed with the intricacies of VA laws and procedures. Our firm was established by a disabled veteran who made fighting for veterans' rights a top priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.
How do I submit a claim?
First, veterans need to locate the medical evidence supporting their impairment. This includes X-rays or doctor's reports, as well with any other documentation that is related to the condition of the veteran. The submission of these records to the VA is crucial. If a veteran doesn't have these documents and the VA must be informed by the claimant (or their VSO).
The next step is to submit an intent to file. This form allows the VA to review your claim before you have all the medical records that you require. It also keeps your effective date for compensation benefits if you win your case.
The VA will schedule your appointment when all details have been received. This will be dependent on the type and number of disabilities you are claiming. Make sure you attend this exam, as in the event you fail to take it this could affect your claim.
The VA will send you a decision package once the examinations have been completed. If the VA rejects the claim, you will have one year to request a higher-level review.
At this moment, a lawyer will help you. Lawyers who are accredited by the VA can now be 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?
Denial of veterans disability benefits can be a difficult experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you should state all the issues that you don't agree with.
It's also important to request your C-file (claims file) to see the evidence that the VA used to make their decision. In many cases, there are missing or incomplete records. This can lead to an error in the rating.
If you submit your NOD you must decide whether you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.
You can request a private hearing with an expert in senior ratings through an DRO review. The DRO will examine your claim "de de novo" which means that they will not be influenced by the previous decision. This typically results in a totally new Rating Decision. You can also have the BVA in Washington review your claim. This is the longest appeals process and it can take approximately three years to get a new decision.
What is the average cost a lawyer can charge?
A lawyer could charge a fee for assisting you appeal an VA disability decision. However, current law prevents lawyers from charging fees for assistance when submitting a claim. This is because the fee is contingent upon the lawyer winning your case, or having your benefits increased through an appeal. Typically these fees are paid out of any lump-sum payments you receive from the VA.
Veterans can search the VA's database of attorneys who are accredited or Veterans Disability Law Firms claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a variety of matters such as disability compensation and pension claims.
The majority of veterans' disability advocates are paid on a contingent basis. They only receive compensation when they are successful in defending their client's case, and they receive back pay from VA. The amount of backpay granted can differ but can be as high as 20 percent of the claimant's past due benefits.
In rare cases an attorney or agent might choose to charge an hourly fee. This is uncommon due to two reasons. These matters can take months or even years to resolve. In addition, the majority of veterans and their families can't afford to pay for these services on an hourly basis.
Ken counsels military veterans to assist them in obtaining the disability benefits they deserve. He also represents 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, disproportionately refusing their disability claims.
What is an VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. This rating is determined by the severity of the injury or illness, and can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is tax-free and provides basic income for disabled veterans and their families.
The VA also has other programs that provide additional compensation such as 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 Disability Law Firms a special credit they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are known as "credit for service."
Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. However, a few of these circumstances require an expert's opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and present the evidence required to support a claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans disability attorney claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and we are well-versed with the intricacies of VA laws and procedures. Our firm was established by a disabled veteran who made fighting for veterans' rights a top priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.
How do I submit a claim?
First, veterans need to locate the medical evidence supporting their impairment. This includes X-rays or doctor's reports, as well with any other documentation that is related to the condition of the veteran. The submission of these records to the VA is crucial. If a veteran doesn't have these documents and the VA must be informed by the claimant (or their VSO).
The next step is to submit an intent to file. This form allows the VA to review your claim before you have all the medical records that you require. It also keeps your effective date for compensation benefits if you win your case.
The VA will schedule your appointment when all details have been received. This will be dependent on the type and number of disabilities you are claiming. Make sure you attend this exam, as in the event you fail to take it this could affect your claim.
The VA will send you a decision package once the examinations have been completed. If the VA rejects the claim, you will have one year to request a higher-level review.
At this moment, a lawyer will help you. Lawyers who are accredited by the VA can now be 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?
Denial of veterans disability benefits can be a difficult experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you should state all the issues that you don't agree with.
It's also important to request your C-file (claims file) to see the evidence that the VA used to make their decision. In many cases, there are missing or incomplete records. This can lead to an error in the rating.
If you submit your NOD you must decide whether you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.
You can request a private hearing with an expert in senior ratings through an DRO review. The DRO will examine your claim "de de novo" which means that they will not be influenced by the previous decision. This typically results in a totally new Rating Decision. You can also have the BVA in Washington review your claim. This is the longest appeals process and it can take approximately three years to get a new decision.
What is the average cost a lawyer can charge?
A lawyer could charge a fee for assisting you appeal an VA disability decision. However, current law prevents lawyers from charging fees for assistance when submitting a claim. This is because the fee is contingent upon the lawyer winning your case, or having your benefits increased through an appeal. Typically these fees are paid out of any lump-sum payments you receive from the VA.
Veterans can search the VA's database of attorneys who are accredited or Veterans Disability Law Firms claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a variety of matters such as disability compensation and pension claims.
The majority of veterans' disability advocates are paid on a contingent basis. They only receive compensation when they are successful in defending their client's case, and they receive back pay from VA. The amount of backpay granted can differ but can be as high as 20 percent of the claimant's past due benefits.
In rare cases an attorney or agent might choose to charge an hourly fee. This is uncommon due to two reasons. These matters can take months or even years to resolve. In addition, the majority of veterans and their families can't afford to pay for these services on an hourly basis.
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