Is Veterans Disability Case As Vital As Everyone Says?
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Veterans Disability Litigation
Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way according to a lawsuit filed this week by Yale Law School's veterans disability law firms Legal Services Clinic.
What is a VA disability?
The disability rating determines the amount of monthly payments to veterans with disabilities that are related to service. The rating is determined by the severity of the illness or injury and can range from 0% to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their family.
VA offers additional compensation through other programs, for example individual unemployment, clothing allowances, hospitalization and prestabilization, lawyers automobile allowances, as well as hospitalization allowances. These are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credit that they can use to increase their lifetime earnings to qualify for retirement or disability benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. Certain of these conditions however require an expert's opinion. An experienced lawyer can assist a client in obtaining an opinion, and also provide the evidence required to prove the claim of disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients receive 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 vet who after having successfully represented himself at a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I claim a benefit?
Veterans need to first collect the medical evidence supporting their disability. This includes X-rays and doctor's reports, as well any other documentation pertaining to the veteran's condition. Making these records available to the VA is crucial. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is the filing of an intent to file. This form lets the VA to review your claim before you have the proper information and medical records. This form also protects the effective date of your compensation benefits in the event you are successful in your case.
The VA will schedule your medical exam after all the information has been received. The VA will schedule the exam depending on the number of disabilities as well as the type you claim. Attend this exam as missing it could delay the processing of your claim.
The VA will send you a decision-making package after the tests have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.
At this point, a lawyer can 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 to those who are seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be extremely frustrating. The VA offers an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to include every reason however, you must mention everything that you disagree on.
It is also essential to request your C-file (claims file) so you can see the evidence the VA used to make their decision. Most of the time there are no or insufficient records. In some cases it could lead to an error in the rating decision.
When you submit your NOD you must choose whether you would like to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success with the DRO review DRO review than with the BVA.
You can request a personal hearing with an expert in senior lawyers rating through a DRO review. The DRO will conduct the review of your claim on the basis of a "de de novo" basis, which means they will not give any deference to the previous decision. This usually results in an entirely new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the time lengthy appeals procedure and typically takes anywhere from one to three years to obtain an updated decision.
How much does an attorney charge?
Lawyers can charge a fee to help appeal a VA decision on an appeal for disability. However, current law prevents lawyers from charging fees for assistance when submitting a claim. This is because the fee is dependent on the lawyer winning your case or having your benefits increased through an appeal. Typically the fees will be directly derived from any lump-sum payments you get from the VA.
Veterans can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a wide variety of cases including disability compensation claims and pension claims.
Most veterans' disability advocates are paid on an ad-hoc basis. They only receive compensation when they succeed in winning their client's appeal and they receive back pay from VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total past-due benefits.
In rare instances lawyers or agents may choose to charge an hourly fee. This is uncommon due to two reasons. First, these cases tend to be time-consuming and can drag on for months or even years. The second reason is that many veterans and their families don't afford an hourly rate.
Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way according to a lawsuit filed this week by Yale Law School's veterans disability law firms Legal Services Clinic.
What is a VA disability?
The disability rating determines the amount of monthly payments to veterans with disabilities that are related to service. The rating is determined by the severity of the illness or injury and can range from 0% to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income to the disabled veteran and their family.
VA offers additional compensation through other programs, for example individual unemployment, clothing allowances, hospitalization and prestabilization, lawyers automobile allowances, as well as hospitalization allowances. These are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credit that they can use to increase their lifetime earnings to qualify for retirement or disability benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. Certain of these conditions however require an expert's opinion. An experienced lawyer can assist a client in obtaining an opinion, and also provide the evidence required to prove the claim of disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients receive 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 vet who after having successfully represented himself at a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I claim a benefit?
Veterans need to first collect the medical evidence supporting their disability. This includes X-rays and doctor's reports, as well any other documentation pertaining to the veteran's condition. Making these records available to the VA is crucial. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is the filing of an intent to file. This form lets the VA to review your claim before you have the proper information and medical records. This form also protects the effective date of your compensation benefits in the event you are successful in your case.
The VA will schedule your medical exam after all the information has been received. The VA will schedule the exam depending on the number of disabilities as well as the type you claim. Attend this exam as missing it could delay the processing of your claim.
The VA will send you a decision-making package after the tests have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough review.
At this point, a lawyer can 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 to those who are seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be extremely frustrating. The VA offers an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to include every reason however, you must mention everything that you disagree on.
It is also essential to request your C-file (claims file) so you can see the evidence the VA used to make their decision. Most of the time there are no or insufficient records. In some cases it could lead to an error in the rating decision.
When you submit your NOD you must choose whether you would like to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success with the DRO review DRO review than with the BVA.
You can request a personal hearing with an expert in senior lawyers rating through a DRO review. The DRO will conduct the review of your claim on the basis of a "de de novo" basis, which means they will not give any deference to the previous decision. This usually results in an entirely new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the time lengthy appeals procedure and typically takes anywhere from one to three years to obtain an updated decision.
How much does an attorney charge?
Lawyers can charge a fee to help appeal a VA decision on an appeal for disability. However, current law prevents lawyers from charging fees for assistance when submitting a claim. This is because the fee is dependent on the lawyer winning your case or having your benefits increased through an appeal. Typically the fees will be directly derived from any lump-sum payments you get from the VA.
Veterans can search the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a wide variety of cases including disability compensation claims and pension claims.
Most veterans' disability advocates are paid on an ad-hoc basis. They only receive compensation when they succeed in winning their client's appeal and they receive back pay from VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total past-due benefits.
In rare instances lawyers or agents may choose to charge an hourly fee. This is uncommon due to two reasons. First, these cases tend to be time-consuming and can drag on for months or even years. The second reason is that many veterans and their families don't afford an hourly rate.
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