What Is Veterans Disability Case? And How To Use It
2024.08.03 01:03
Veterans Disability Litigation
Ken advises veterans of the military to assist them in getting the disability benefits they deserve. He also represents his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims as per an action filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA disability?
The disability rating determines the amount of monthly compensation paid to veterans disability law firms with service-related disabilities. The rating is based on the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides a basic income for disabled veterans and their family.
The VA also offers other programs that offer additional compensation like individual unemployment, car allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to basic disability compensation.
The Social Security Administration also gives veterans a special credit they can use to increase their earnings over time to be eligible for disability or retirement benefits. These credits are also referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. Some of these conditions, however require an expert's advice. An experienced veteran attorney can assist a client in obtaining this opinion, and supply the evidence required to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to helping our clients get the disability benefits that they are entitled to. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans Disability law firms' rights a key part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
The first step is to track down the medical evidence that supports their impairment. This includes X-rays or doctor's reports, as well 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, the VA must be informed by the applicant (or their VSO).
The next step is the filing of an intention to file. This form allows the VA to begin reviewing your claim even before you have all the medical records you need. This form also protects the date on which you will receive your compensation benefits in case you have a successful case.
The VA will schedule your examination after all the details have been received. This will depend on the quantity and type of disabilities you are claiming. Make sure that you take the exam, since if you miss it this could affect your claim.
The VA will provide you with a decision package after the examinations are completed. If the VA decides to deny the claim, you have a year to request a higher level review.
A lawyer can help in this situation. Lawyers who are accredited by VA can now be involved in appeals from the beginning, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a frustrating experience. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice Of Disagreement, you should explain to the VA why you were dissatisfied with their decision. You don't have to list every reason, but you must be clear about the issues you don't agree with.
You should also request your C file, or claims file, so that you can determine what evidence 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 it is up to you to decide if want to have 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 reviewed by the BVA.
You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will conduct an examination of your claim on the basis of a "de de novo" basis, meaning they will not give any deference to the previous decision. This usually results in an entirely new Rating Decision. You may also decide to request that the BVA in Washington review your claim. This is the longest appeals procedure and can take approximately three years to get an update on the decision.
What is the average cost a lawyer can charge?
A lawyer may charge a fee to help you appeal a VA disability decision. The law currently does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only due if the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be paid directly from the lump-sum payments that you receive from the VA.
Veterans can use the VA's database of accredited attorneys or claim agents to find accredited representatives. They are vetted by the Department of veterans disability law firm Affairs and can represent service members, veterans or their dependents in a wide range of issues such as disability compensation claims and pension claims.
The majority of veterans' disability advocates are paid on an hourly basis. This means that they will only be paid if they prevail in the appeal of the client and get back pay from the VA. The amount of backpay that is paid can vary, but it can be as high as 20 percent of the claimant's past-due benefits.
In rare cases an attorney or agent may choose to charge on per hour basis. However, this is not the norm due to two reasons. These matters can take months or years to be resolved. Additionally, many veterans and their families can't afford an hourly rate.
Ken advises veterans of the military to assist them in getting the disability benefits they deserve. He also represents his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims as per an action filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA disability?
The disability rating determines the amount of monthly compensation paid to veterans disability law firms with service-related disabilities. The rating is based on the severity of the injury or illness and can range from 0% up to 100% in increments of 10% (e.g. 20%, 20%, 30% etc). The compensation is tax-free and provides a basic income for disabled veterans and their family.
The VA also offers other programs that offer additional compensation like individual unemployment, car allowance, clothing allowance, and prestabilization and hospitalization benefits. These are in addition to basic disability compensation.
The Social Security Administration also gives veterans a special credit they can use to increase their earnings over time to be eligible for disability or retirement benefits. These credits are also referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. Some of these conditions, however require an expert's advice. An experienced veteran attorney can assist a client in obtaining this opinion, and supply the evidence required to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to helping our clients get the disability benefits that they are entitled to. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans Disability law firms' rights a key part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
The first step is to track down the medical evidence that supports their impairment. This includes X-rays or doctor's reports, as well 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, the VA must be informed by the applicant (or their VSO).
The next step is the filing of an intention to file. This form allows the VA to begin reviewing your claim even before you have all the medical records you need. This form also protects the date on which you will receive your compensation benefits in case you have a successful case.
The VA will schedule your examination after all the details have been received. This will depend on the quantity and type of disabilities you are claiming. Make sure that you take the exam, since if you miss it this could affect your claim.
The VA will provide you with a decision package after the examinations are completed. If the VA decides to deny the claim, you have a year to request a higher level review.
A lawyer can help in this situation. Lawyers who are accredited by VA can now be involved in appeals from the beginning, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a frustrating experience. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit the Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice Of Disagreement, you should explain to the VA why you were dissatisfied with their decision. You don't have to list every reason, but you must be clear about the issues you don't agree with.
You should also request your C file, or claims file, so that you can determine what evidence 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 it is up to you to decide if want to have 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 reviewed by the BVA.
You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will conduct an examination of your claim on the basis of a "de de novo" basis, meaning they will not give any deference to the previous decision. This usually results in an entirely new Rating Decision. You may also decide to request that the BVA in Washington review your claim. This is the longest appeals procedure and can take approximately three years to get an update on the decision.
What is the average cost a lawyer can charge?
A lawyer may charge a fee to help you appeal a VA disability decision. The law currently does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only due if the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be paid directly from the lump-sum payments that you receive from the VA.
Veterans can use the VA's database of accredited attorneys or claim agents to find accredited representatives. They are vetted by the Department of veterans disability law firm Affairs and can represent service members, veterans or their dependents in a wide range of issues such as disability compensation claims and pension claims.
The majority of veterans' disability advocates are paid on an hourly basis. This means that they will only be paid if they prevail in the appeal of the client and get back pay from the VA. The amount of backpay that is paid can vary, but it can be as high as 20 percent of the claimant's past-due benefits.
In rare cases an attorney or agent may choose to charge on per hour basis. However, this is not the norm due to two reasons. These matters can take months or years to be resolved. Additionally, many veterans and their families can't afford an hourly rate.