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westfield veterans Disability Law Firm Disability Litigation
Ken assists veterans to get the disability benefits they are entitled to. Ken also represents his clients in VA Board of salem veterans disability lawyer Appeals Hearings.
According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week The Department of pana veterans disability lawyer Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.
What is a VA Disability?
The amount of monetary compensation per month that veterans receive for service connected disabilities is based on their disability rating. This rating is based upon the severity of an injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.
The VA also offers other programs that offer additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits they can use to boost their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are called "credit for service."
Many of the conditions that allow disabled veterans for disability benefits are described in the Code of Federal Regulations. Certain of these conditions however require an expert's advice. An experienced veteran lawyer can help a client obtain this opinion and provide the proof needed to support an application for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to helping our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complexity of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans' rights a top priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.
How do I submit a claim?
Veterans must first find the medical evidence to prove their impairment. This includes Xrays or doctor's reports as well any other documentation pertaining to the condition of the veteran. It is important to provide these records to VA. If a veteran does not have these documents and the VA must be informed by the claimant (or their VSO).
The next step is a filing of an intention to file. This is a form that permits the VA to review your claim even before you have all the information and medical records that you require. This form also ensures the effective date of your compensation benefits in the event that you have a successful case.
Once all the information is in when all the information is in, the VA will schedule an exam for you. The VA will schedule an examination depending on the amount of disabilities you have and the type of disability you claim. Be sure to take this exam, as If you don't and fail to take it, it could hinder your claim.
The VA will send you a decision package when the examinations have been completed. If the VA decides to deny the claim, you'll have a year to request a more thorough review.
A lawyer can help in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is an enormous benefit to those who seek disability benefits.
How do I appeal a denial?
The denial of disability benefits for veterans can be a source of frustration. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disparage, you must inform the VA why you disagree with their decision. You don't have to list every reason however, you must mention all the points you disagree with.
It's also important to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. There are usually incomplete or missing data. In certain cases this could result in an error in the rating decision.
When you file your NOD you will need to decide if you would like to have 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 if the DRO examines your case rather than if it's viewed by the BVA.
You can request a private hearing with a senior rating expert via the process of a DRO review. The DRO will conduct an investigation of your claim on a "de novo" basis, meaning they will not give deference to the previous decision. This typically results in an entirely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process and can take up to three years for an appeal to be heard.
How much does a lawyer charge?
Lawyers can charge a fee if appeal an VA decision regarding a disability claim. The law currently does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer winning your case or having your benefits increased through 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 representatives are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a wide spectrum of cases, including pension and disability compensation claims.
Most veterans' disability advocates operate on a contingent basis. This means that they are only paid if they prevail in the client's appeal and receive back pay from the VA. The amount of back pay granted varies, but could be as high as 20 percent of the claimant's total past due benefit award.
In rare instances, an agent or attorney may choose to charge on the basis of an hourly rate. This isn't often the case due to two reasons. These issues could take months or even years to resolve. The second reason is that most veterans and their families can't afford to pay on an hourly basis.
Ken assists veterans to get the disability benefits they are entitled to. Ken also represents his clients in VA Board of salem veterans disability lawyer Appeals Hearings.
According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week The Department of pana veterans disability lawyer Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.
What is a VA Disability?
The amount of monetary compensation per month that veterans receive for service connected disabilities is based on their disability rating. This rating is based upon the severity of an injury or illness and can vary between 0% and 100% in increments of 10% (e.g. 20 percent, 30%, etc.). The compensation is tax-free, and provides a minimum income for disabled veterans and their family.
The VA also offers other programs that offer additional compensation, such as the individual unemployed, the automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits they can use to boost their lifetime earnings to be eligible for disability or retirement benefits. These extra credits are called "credit for service."
Many of the conditions that allow disabled veterans for disability benefits are described in the Code of Federal Regulations. Certain of these conditions however require an expert's advice. An experienced veteran lawyer can help a client obtain this opinion and provide the proof needed to support an application for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to helping our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are proficient in the complexity of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans' rights a top priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.
How do I submit a claim?
Veterans must first find the medical evidence to prove their impairment. This includes Xrays or doctor's reports as well any other documentation pertaining to the condition of the veteran. It is important to provide these records to VA. If a veteran does not have these documents and the VA must be informed by the claimant (or their VSO).
The next step is a filing of an intention to file. This is a form that permits the VA to review your claim even before you have all the information and medical records that you require. This form also ensures the effective date of your compensation benefits in the event that you have a successful case.
Once all the information is in when all the information is in, the VA will schedule an exam for you. The VA will schedule an examination depending on the amount of disabilities you have and the type of disability you claim. Be sure to take this exam, as If you don't and fail to take it, it could hinder your claim.
The VA will send you a decision package when the examinations have been completed. If the VA decides to deny the claim, you'll have a year to request a more thorough review.
A lawyer can help in this situation. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is an enormous benefit to those who seek disability benefits.
How do I appeal a denial?
The denial of disability benefits for veterans can be a source of frustration. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disparage, you must inform the VA why you disagree with their decision. You don't have to list every reason however, you must mention all the points you disagree with.
It's also important to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. There are usually incomplete or missing data. In certain cases this could result in an error in the rating decision.
When you file your NOD you will need to decide if you would like to have 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 if the DRO examines your case rather than if it's viewed by the BVA.
You can request a private hearing with a senior rating expert via the process of a DRO review. The DRO will conduct an investigation of your claim on a "de novo" basis, meaning they will not give deference to the previous decision. This typically results in an entirely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process and can take up to three years for an appeal to be heard.
How much does a lawyer charge?
Lawyers can charge a fee if appeal an VA decision regarding a disability claim. The law currently does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee is dependent on the lawyer winning your case or having your benefits increased through 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 representatives are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a wide spectrum of cases, including pension and disability compensation claims.
Most veterans' disability advocates operate on a contingent basis. This means that they are only paid if they prevail in the client's appeal and receive back pay from the VA. The amount of back pay granted varies, but could be as high as 20 percent of the claimant's total past due benefit award.
In rare instances, an agent or attorney may choose to charge on the basis of an hourly rate. This isn't often the case due to two reasons. These issues could take months or even years to resolve. The second reason is that most veterans and their families can't afford to pay on an hourly basis.
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