본문
loganville veterans disability law firm Disability Litigation
Ken advises veterans of the military to help them get the disability compensation they are entitled to. Ken assists 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, disproportionately refusing their disability claims.
What is a VA Disability?
The amount of monthly monetary compensation that veterans receive for service-related disabilities is based on their disability rating. The rating is based on the severity of an illness or injury, and can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his 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 the basic disability compensation.
The Social Security Administration also gives veterans a special credit 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."
Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. However, some of these circumstances require an expert's opinion. An experienced veteran lawyer can assist a client to obtain this opinion and provide the evidence needed to support an application for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to ensuring that our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself in a Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.
How do I make a claim?
Veterans must first gather the medical evidence supporting their impairment. This includes any X-rays, doctor's notes or other evidence relevant to their medical condition. Making these records available to the VA is crucial. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intent to file. This is a form that permits the VA to review your claim before you have all the medical records that you require. It also preserves your effective date for compensation benefits should you prevail in your case.
The VA will schedule your exam after all the information has been received. The VA will schedule an examination according to the amount of disabilities you have and the type you are claiming. Attend this exam as missing it could delay the process of submitting your claim.
The VA will provide you with a decision package when the examinations have been completed. If the VA decides to deny the claim, you will have one year to request a more extensive review.
A lawyer can help at this point. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a a huge benefit to people seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a very frustrating experience. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement, you have to tell the VA why you disagree with their decision. It is not necessary to list every reason, but you should mention all the aspects you disagree with.
You must also request your C-file, or claims file, so that you can see what evidence the VA used to make their decision. In many cases there are gaps or incomplete records. In some instances this could result in an error in the rating decision.
After you have submitted your NOD, you'll be asked to select whether you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success when the DRO examines your case rather than when it's reviewed by BVA.
With a DRO review you have the option of requesting an individual hearing with an experienced senior rating specialist. The DRO will review your claim "de de novo" which means they will not be influenced by the previous decision. This typically results in a new Rating Decision. You may also decide to request that the BVA in Washington examine your claim. This is the most time consuming appeals path and typically can take between one and three years to receive an updated decision.
What is the average cost a lawyer can charge?
A lawyer may charge a fee to assist you appeal a VA disability decision. The current law does not permit lawyers to charge fees for initial assistance in a claim. This is because the fee must be dependent on the lawyer winning your case, or getting your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.
Veterans can search the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent little rock veterans disability attorney, service members and their dependents as well as survivors in a range of issues including pension and disability compensation claims.
Most disability advocates for veterans work on a contingency basis. This means that they are only paid if they win the client's appeal and receive back payment from the VA. The amount of backpay that is paid can vary, but it can be as high as 20 percent of a claimant's past-due benefits.
In rare cases an attorney or agent may choose to charge on per hour basis. This is not common for two reasons. First, these situations are usually time-consuming and can drag on for months or even years. The second reason is that most veterans and their families cannot afford to pay on an hourly basis.
Ken advises veterans of the military to help them get the disability compensation they are entitled to. Ken assists 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, disproportionately refusing their disability claims.
What is a VA Disability?
The amount of monthly monetary compensation that veterans receive for service-related disabilities is based on their disability rating. The rating is based on the severity of an illness or injury, and can range between zero and 100% in increments of 10 percent (e.g. 20 percent 30 percent, 30%, etc.). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his 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 the basic disability compensation.
The Social Security Administration also gives veterans a special credit 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."
Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. However, some of these circumstances require an expert's opinion. An experienced veteran lawyer can assist a client to obtain this opinion and provide the evidence needed to support an application for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are committed to ensuring that our clients receive the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled veteran who after having successfully represented himself in a Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.
How do I make a claim?
Veterans must first gather the medical evidence supporting their impairment. This includes any X-rays, doctor's notes or other evidence relevant to their medical condition. Making these records available to the VA is crucial. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intent to file. This is a form that permits the VA to review your claim before you have all the medical records that you require. It also preserves your effective date for compensation benefits should you prevail in your case.
The VA will schedule your exam after all the information has been received. The VA will schedule an examination according to the amount of disabilities you have and the type you are claiming. Attend this exam as missing it could delay the process of submitting your claim.
The VA will provide you with a decision package when the examinations have been completed. If the VA decides to deny the claim, you will have one year to request a more extensive review.
A lawyer can help at this point. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a a huge benefit to people seeking disability benefits.
How do I appeal a denial?
A denial of disability benefits can be a very frustrating experience. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office, which will then send you the decision on Rating. In your Notice of Disagreement, you have to tell the VA why you disagree with their decision. It is not necessary to list every reason, but you should mention all the aspects you disagree with.
You must also request your C-file, or claims file, so that you can see what evidence the VA used to make their decision. In many cases there are gaps or incomplete records. In some instances this could result in an error in the rating decision.
After you have submitted your NOD, you'll be asked to select whether you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success when the DRO examines your case rather than when it's reviewed by BVA.
With a DRO review you have the option of requesting an individual hearing with an experienced senior rating specialist. The DRO will review your claim "de de novo" which means they will not be influenced by the previous decision. This typically results in a new Rating Decision. You may also decide to request that the BVA in Washington examine your claim. This is the most time consuming appeals path and typically can take between one and three years to receive an updated decision.
What is the average cost a lawyer can charge?
A lawyer may charge a fee to assist you appeal a VA disability decision. The current law does not permit lawyers to charge fees for initial assistance in a claim. This is because the fee must be dependent on the lawyer winning your case, or getting your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.
Veterans can search the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent little rock veterans disability attorney, service members and their dependents as well as survivors in a range of issues including pension and disability compensation claims.
Most disability advocates for veterans work on a contingency basis. This means that they are only paid if they win the client's appeal and receive back payment from the VA. The amount of backpay that is paid can vary, but it can be as high as 20 percent of a claimant's past-due benefits.
In rare cases an attorney or agent may choose to charge on per hour basis. This is not common for two reasons. First, these situations are usually time-consuming and can drag on for months or even years. The second reason is that most veterans and their families cannot afford to pay on an hourly basis.
댓글목록
등록된 댓글이 없습니다.
대표이사 김무현