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Veterans Disability Litigation
Ken counsels veterans of the military to assist them in obtaining the disability compensation they deserve. He is also a lawyer for his 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 disproportionately denying their disability claims.
What is a VA Disability?
The disability rating determines the amount of compensation per month paid to spring lake park veterans disability Lawsuit who have service-related disabilities. The rating is based on the severity of an injury or illness and may range between zero and 100% in increments of 10% (e.g. 20% 30 percent, 30%, etc.). The amount is devoid of tax and provides a basic income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation like individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits that they can use to boost their earnings over time to be eligible for disability or retirement benefits. These extra credits are called "credit for service."
Many of the conditions that make disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. Some of these conditions, however require an expert's opinion. A skilled lawyer with years of experience can assist a client in obtaining this opinion and provide the evidence required to prove the claim for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to ensuring that our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the intricacies of VA regulations and laws. Our firm was started by a disabled vet who made fighting for veterans' rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.
How do I file a claim?
The first step is to locate the medical evidence supporting their condition. This includes Xrays, doctor's reports or other documentation related to their health. Making these records available to the VA is crucial. If a veteran doesn't have these documents then the VA should be notified by the applicant (or their VSO).
The next step is a filing of an intent to file. This is a form that permits the VA to begin reviewing your claim before you have all the information and medical records you need. It also protects your effective date for receiving compensation when you win your case.
The VA will schedule your exam once all of the information has been received. The VA will set the date for the examination based on the severity of your disability and the type you are claiming. Don't miss this exam because it could delay the process of submitting your claim.
The VA will send you a decision document once the examinations have been completed. If the VA decides to deny the claim, you have a year to request a higher-level review.
A lawyer can help at this point. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
The denial of veterans' disability benefits can be frustrating. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your notice of disagreement, you must tell the VA why you are not happy with their decision. You don't have to include all of the reasons but you should include all the points you disagree with.
It's also important to request your C-file (claims file) to see the evidence that the VA used to make their decision. There are usually incomplete or missing data. This can result in a mistake in the rating.
When you file 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. Generally speaking, you will have a better chance of success with the DRO review DRO review than with the BVA.
When you request the DRO review you have the option of requesting a personal hearing before a senior rating specialist. The DRO will examine your claim "de de novo" which means they will not rely on the previous decision. This typically results in a completely new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the longest lengthy appeals procedure and typically can take between one and three years to receive an updated decision.
How much will a lawyer charge?
A lawyer may charge a fee to assist you appeal an VA disability decision. However, the law currently prohibits lawyers from charging for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically the fees will be paid out of the lump-sum payments that you receive from the VA.
cocoa beach veterans disability lawyer can search the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors on a range of issues including pension and disability compensation claims.
Most veterans' disability advocates work on a contingency. They only receive compensation when they prevail in their client's appeal and they receive back pay from VA. The amount of backpay that is given can be different however it could be as high as 20 percent of the claimant's past-due benefits.
In rare cases an attorney or agent may choose to charge an hourly fee. However, this is uncommon due to two reasons. First, these issues are often time consuming and can drag on for months or even years. Second, most veterans and their families cannot afford to pay on an hourly basis.
Ken counsels veterans of the military to assist them in obtaining the disability compensation they deserve. He is also a lawyer for his 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 disproportionately denying their disability claims.
What is a VA Disability?
The disability rating determines the amount of compensation per month paid to spring lake park veterans disability Lawsuit who have service-related disabilities. The rating is based on the severity of an injury or illness and may range between zero and 100% in increments of 10% (e.g. 20% 30 percent, 30%, etc.). The amount is devoid of tax and provides a basic income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation like individual unemployability, automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits that they can use to boost their earnings over time to be eligible for disability or retirement benefits. These extra credits are called "credit for service."
Many of the conditions that make disabled veterans for disability benefits are mentioned in the Code of Federal Regulations. Some of these conditions, however require an expert's opinion. A skilled lawyer with years of experience can assist a client in obtaining this opinion and provide the evidence required to prove the claim for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to ensuring that our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are familiar with the intricacies of VA regulations and laws. Our firm was started by a disabled vet who made fighting for veterans' rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.
How do I file a claim?
The first step is to locate the medical evidence supporting their condition. This includes Xrays, doctor's reports or other documentation related to their health. Making these records available to the VA is crucial. If a veteran doesn't have these documents then the VA should be notified by the applicant (or their VSO).
The next step is a filing of an intent to file. This is a form that permits the VA to begin reviewing your claim before you have all the information and medical records you need. It also protects your effective date for receiving compensation when you win your case.
The VA will schedule your exam once all of the information has been received. The VA will set the date for the examination based on the severity of your disability and the type you are claiming. Don't miss this exam because it could delay the process of submitting your claim.
The VA will send you a decision document once the examinations have been completed. If the VA decides to deny the claim, you have a year to request a higher-level review.
A lawyer can help at this point. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
The denial of veterans' disability benefits can be frustrating. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office, which will then send you the decision on Rating. In your notice of disagreement, you must tell the VA why you are not happy with their decision. You don't have to include all of the reasons but you should include all the points you disagree with.
It's also important to request your C-file (claims file) to see the evidence that the VA used to make their decision. There are usually incomplete or missing data. This can result in a mistake in the rating.
When you file 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. Generally speaking, you will have a better chance of success with the DRO review DRO review than with the BVA.
When you request the DRO review you have the option of requesting a personal hearing before a senior rating specialist. The DRO will examine your claim "de de novo" which means they will not rely on the previous decision. This typically results in a completely new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the longest lengthy appeals procedure and typically can take between one and three years to receive an updated decision.
How much will a lawyer charge?
A lawyer may charge a fee to assist you appeal an VA disability decision. However, the law currently prohibits lawyers from charging for initial assistance in a claim. The fee is only payable if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically the fees will be paid out of the lump-sum payments that you receive from the VA.
cocoa beach veterans disability lawyer can search the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors on a range of issues including pension and disability compensation claims.
Most veterans' disability advocates work on a contingency. They only receive compensation when they prevail in their client's appeal and they receive back pay from VA. The amount of backpay that is given can be different however it could be as high as 20 percent of the claimant's past-due benefits.
In rare cases an attorney or agent may choose to charge an hourly fee. However, this is uncommon due to two reasons. First, these issues are often time consuming and can drag on for months or even years. Second, most veterans and their families cannot afford to pay on an hourly basis.
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