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wilkinsburg veterans disability attorney Disability Litigation
Ken assists veterans to obtain the disability benefits they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by rejecting their disability claims in adisproportionate way according to 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 compensation per month paid to veterans who have service-connected disabilities. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his 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 basic disability compensation.
In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credit to boost their lifetime earnings for disability or retirement benefits. These extra credits are known as "credit for service."
A majority of the conditions that can qualify disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. Certain of these conditions, however require an expert's advice. An experienced veteran attorney can assist a client obtain this opinion, and provide the evidence needed to support a claim of disability compensation.
Sullivan & Kehoe has extensive experience representing marble falls veterans disability attorney in appeals and claims for disability. We are dedicated to assisting our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a priority in his practice after he successfully represented 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 condition. This includes Xrays or doctor's notes, as well any other documentation pertaining to the veteran's condition. It is crucial 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 intent to file. This form lets the VA to review your claim before you have the needed information and medical records. The form also keeps the date you can start receiving your compensation benefits if you are successful in your case.
If all the required information is provided when all the information is in, the VA will schedule an appointment for you. The VA will schedule an examination depending on the amount of disabilities you have and the type you are claiming. Don't miss this exam because it could delay the process of submitting your claim.
After the examinations are completed Once the examinations are complete, after the examinations are completed, VA will examine the evidence and give you a decision packet. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.
A lawyer can assist you in this situation. Lawyers who are accredited by VA can now be involved in the appeals from the beginning which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a gruelling experience. Thankfully there is a way to appeal the decision. VA has an appeals procedure 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 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 should be clear about the issues you don't agree with.
It's also important to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. Sometimes there are gaps or insufficient records. In certain cases this could result in an error in the rating decision.
When you file your NOD, you'll be asked if you would like your case reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will be more likely to have success when you opt for a DRO review than with the BVA.
If you are subject to an DRO review, you have the option of requesting an individual hearing with a senior rating specialist. The DRO will review your claim "de novo" this means they will not rely on the previous decision. This typically results in a totally new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most time consuming appeals path and typically takes between one and three years to get a new decision.
What is the cost an attorney could charge?
A lawyer could charge a fee to help you appeal an VA disability decision. However, current law prevents lawyers from charging fees for assistance with a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. Typically the fees will be paid directly from any lump-sum payments you receive from the VA.
Veterans can identify accredited representatives by using the VA's searchable database that lists accredited attorneys or claims representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, Vimeo service members or their dependents in a wide variety of cases including pension claims and disability compensation claims.
Most veterans' disability advocates operate on a contingent basis. They only receive compensation when they prevail in their client's appeal and they also receive back pay from VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's total benefit.
In rare cases lawyers or agents could decide to charge an hourly fee. This isn't often the case due to two reasons. These issues can take a long time to resolve. In addition, many veterans and their families don't afford to pay an hourly fee.
Ken assists veterans to obtain the disability benefits they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by rejecting their disability claims in adisproportionate way according to 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 compensation per month paid to veterans who have service-connected disabilities. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is exempt from tax and provides a minimum income to the disabled veteran and his 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 basic disability compensation.
In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credit to boost their lifetime earnings for disability or retirement benefits. These extra credits are known as "credit for service."
A majority of the conditions that can qualify disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. Certain of these conditions, however require an expert's advice. An experienced veteran attorney can assist a client obtain this opinion, and provide the evidence needed to support a claim of disability compensation.
Sullivan & Kehoe has extensive experience representing marble falls veterans disability attorney in appeals and claims for disability. We are dedicated to assisting our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans rights a priority in his practice after he successfully represented 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 condition. This includes Xrays or doctor's notes, as well any other documentation pertaining to the veteran's condition. It is crucial 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 intent to file. This form lets the VA to review your claim before you have the needed information and medical records. The form also keeps the date you can start receiving your compensation benefits if you are successful in your case.
If all the required information is provided when all the information is in, the VA will schedule an appointment for you. The VA will schedule an examination depending on the amount of disabilities you have and the type you are claiming. Don't miss this exam because it could delay the process of submitting your claim.
After the examinations are completed Once the examinations are complete, after the examinations are completed, VA will examine the evidence and give you a decision packet. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.
A lawyer can assist you in this situation. Lawyers who are accredited by VA can now be involved in the appeals from the beginning which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a gruelling experience. Thankfully there is a way to appeal the decision. VA has an appeals procedure 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 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 should be clear about the issues you don't agree with.
It's also important to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. Sometimes there are gaps or insufficient records. In certain cases this could result in an error in the rating decision.
When you file your NOD, you'll be asked if you would like your case reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will be more likely to have success when you opt for a DRO review than with the BVA.
If you are subject to an DRO review, you have the option of requesting an individual hearing with a senior rating specialist. The DRO will review your claim "de novo" this means they will not rely on the previous decision. This typically results in a totally new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most time consuming appeals path and typically takes between one and three years to get a new decision.
What is the cost an attorney could charge?
A lawyer could charge a fee to help you appeal an VA disability decision. However, current law prevents lawyers from charging fees for assistance with a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. Typically the fees will be paid directly from any lump-sum payments you receive from the VA.
Veterans can identify accredited representatives by using the VA's searchable database that lists accredited attorneys or claims representatives. These representatives are accredited by the Department of Veterans Affairs and are able to represent veterans, Vimeo service members or their dependents in a wide variety of cases including pension claims and disability compensation claims.
Most veterans' disability advocates operate on a contingent basis. They only receive compensation when they prevail in their client's appeal and they also receive back pay from VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's total benefit.
In rare cases lawyers or agents could decide to charge an hourly fee. This isn't often the case due to two reasons. These issues can take a long time to resolve. In addition, many veterans and their families don't afford to pay an hourly fee.
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