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Veterans 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.
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 by denial of their disability claims.
What is an VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans with service-related disabilities. The rating is based on the severity of the injury or illness and can range from 0% up to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The amount is devoid of tax and provides a basic amount of income to the disabled veteran and his family.
VA provides additional compensation through other programs, including individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These are in addition to the standard disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military smithville veterans disability Lawsuit special credits to increase their earnings over the course of their lives for retirement or disability benefits. These additional credits are known as "credit for service."
A majority of the conditions that allow an individual for disability compensation are described in the Code of Federal Regulations. Certain of these conditions, however require an expert's advice. A seasoned veteran attorney can assist a client in obtaining this opinion, and provide the necessary evidence to support an claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients get the benefits they're entitled to. We have handled a variety of disability cases and are conversant with the intricacies of VA rules and regulations. Our firm was founded in 1996 by a disabled veteran who after securing his own representation at a Board of Veterans Appeals Hearing, made veterans' rights the top priority in his practice.
How do I make a claim?
mcfarland veterans disability lawyer must first find the medical evidence to prove their disability. This includes Xrays or doctor's notes, as well any other documentation pertaining to the condition of the veteran. The submission of these records to the VA is crucial. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intention to file. This form lets the VA examine your claim even before you have the needed information and medical records. It also preserves your effective date for compensation benefits in the event that you win your case.
When all the information is in after all the information has been received, the VA will schedule an appointment for you. The VA will schedule an examination depending on the number of disabilities and the type you are claiming. Attend this exam as missing it could delay the process of your claim.
The VA will send you a decision-making package when the examinations have been completed. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.
At this moment, a lawyer could assist you. Lawyers who are accredited by VA can now be involved in the appeals from the start, which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans' disability benefits can be frustrating. Thankfully, the VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice Of Disagreement, you should explain to the VA why you are not happy with their decision. You don't have to give every reason, but you must list all the points you don't agree with.
It's also important to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are often documents that are not complete or have been deleted. In some cases, this can lead to an error in the rating decision.
When you submit your NOD, the applicant will be asked if you would like your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a greater chance of success with a DRO review than with the BVA.
You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will conduct the review of your claim on the basis of a "de novo" basis, which means that they will not give any deference to the previous decision. This usually will result in a brand new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the most lengthy appeals procedure and can take approximately three years to get an update on the decision.
How much does an attorney charge?
Lawyers can charge a fee to assist you appeal an VA decision on a disability claim. However, current law prevents lawyers from charging fees for assistance when submitting a claim. This is because the fee must be contingent upon the lawyer winning your case, or getting your benefits increased by an appeal. Typically, these fees will be paid directly from any lump-sum payment you receive from the VA.
Veterans may be able to find accredited representatives via the VA's searchable database that lists accredited attorneys or claims representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors in a variety of issues such as disability compensation and pension claims.
Most veterans' disability advocates are paid on a contingent basis. This means that they are only paid if they succeed in winning the appeal of the client and get back payment from the VA. The amount of backpay that is granted can differ, but it can be as high as 20 percent of the claimant's past-due benefits.
In rare cases lawyers or agents might decide to charge an hourly fee. This is not common for two reasons. First, these cases can be time-consuming and can last for months or even years. Additionally, many veterans and their families are unable to afford to pay on an hourly basis.
Ken assists veterans to obtain the disability benefits they are entitled to. 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 by denial of their disability claims.
What is an VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans with service-related disabilities. The rating is based on the severity of the injury or illness and can range from 0% up to 100 percent in increments of 10% (e.g. 20%, 20%, 30% etc). The amount is devoid of tax and provides a basic amount of income to the disabled veteran and his family.
VA provides additional compensation through other programs, including individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These are in addition to the standard disability compensation.
In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military smithville veterans disability Lawsuit special credits to increase their earnings over the course of their lives for retirement or disability benefits. These additional credits are known as "credit for service."
A majority of the conditions that allow an individual for disability compensation are described in the Code of Federal Regulations. Certain of these conditions, however require an expert's advice. A seasoned veteran attorney can assist a client in obtaining this opinion, and provide the necessary evidence to support an claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients get the benefits they're entitled to. We have handled a variety of disability cases and are conversant with the intricacies of VA rules and regulations. Our firm was founded in 1996 by a disabled veteran who after securing his own representation at a Board of Veterans Appeals Hearing, made veterans' rights the top priority in his practice.
How do I make a claim?
mcfarland veterans disability lawyer must first find the medical evidence to prove their disability. This includes Xrays or doctor's notes, as well any other documentation pertaining to the condition of the veteran. The submission of these records to the VA is crucial. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intention to file. This form lets the VA examine your claim even before you have the needed information and medical records. It also preserves your effective date for compensation benefits in the event that you win your case.
When all the information is in after all the information has been received, the VA will schedule an appointment for you. The VA will schedule an examination depending on the number of disabilities and the type you are claiming. Attend this exam as missing it could delay the process of your claim.
The VA will send you a decision-making package when the examinations have been completed. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.
At this moment, a lawyer could assist you. Lawyers who are accredited by VA can now be involved in the appeals from the start, which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans' disability benefits can be frustrating. Thankfully, the VA has an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice Of Disagreement, you should explain to the VA why you are not happy with their decision. You don't have to give every reason, but you must list all the points you don't agree with.
It's also important to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are often documents that are not complete or have been deleted. In some cases, this can lead to an error in the rating decision.
When you submit your NOD, the applicant will be asked if you would like your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a greater chance of success with a DRO review than with the BVA.
You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will conduct the review of your claim on the basis of a "de novo" basis, which means that they will not give any deference to the previous decision. This usually will result in a brand new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the most lengthy appeals procedure and can take approximately three years to get an update on the decision.
How much does an attorney charge?
Lawyers can charge a fee to assist you appeal an VA decision on a disability claim. However, current law prevents lawyers from charging fees for assistance when submitting a claim. This is because the fee must be contingent upon the lawyer winning your case, or getting your benefits increased by an appeal. Typically, these fees will be paid directly from any lump-sum payment you receive from the VA.
Veterans may be able to find accredited representatives via the VA's searchable database that lists accredited attorneys or claims representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members, dependents, or survivors in a variety of issues such as disability compensation and pension claims.
Most veterans' disability advocates are paid on a contingent basis. This means that they are only paid if they succeed in winning the appeal of the client and get back payment from the VA. The amount of backpay that is granted can differ, but it can be as high as 20 percent of the claimant's past-due benefits.
In rare cases lawyers or agents might decide to charge an hourly fee. This is not common for two reasons. First, these cases can be time-consuming and can last for months or even years. Additionally, many veterans and their families are unable to afford to pay on an hourly basis.
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