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Veterans Disability Litigation
Ken assists veterans in obtaining the disability benefits they deserve. Ken also represents his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, discriminating against their disability claims in the 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 monthly compensation that is paid to veterans with disabilities that are related to service. The rating is based on 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 free of tax and provides a basic source of income to the disabled veteran and his family.
VA offers additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and hospitalization, allowances for automobiles, and hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans extra credits to increase their disability or retirement benefits. These additional credits are referred to as "credit for service."
Many of the conditions that make a veteran for disability compensation are described in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. A skilled lawyer with years of experience can help a client obtain this opinion and provide the evidence needed to support an application for disability compensation.
Sullivan & Kehoe has extensive experience in representing freeport veterans disability law firm in disability claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands disability cases and we are well-versed with the intricacies of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans' rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.
How do I submit a claim?
First, veterans need to track down the medical evidence that supports their disability. This includes Xrays, doctor's notes or other evidence regarding their medical condition. Providing these records to the VA is very important. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is to fill out an intent to file. This form permits the VA to review your claim even before you have all the medical records required. This form also preserves the effective date of your compensation benefits in case you have a successful case.
Once all the information is in after all the information has been received, the VA will schedule an appointment for you. The VA will set the date for the examination depending on the severity of your disability and the type you are claiming. In the event that you do not attend this exam, it could delay the process of submitting your claim.
Once the tests are complete after which the VA will review the evidence and send you a decision packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.
A lawyer can assist you at this point. Lawyers who are accredited by VA can now be involved in appeals from the start, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be a source of frustration. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement you should tell the VA the reason you don't like their decision. You don't have to list every reason, but you must state all the issues that you don't agree with.
It's also important to request your C-file (claims file) to see the evidence that the VA used to make their decision. Sometimes there are gaps or incomplete records. In certain cases this could lead to an error in the rating decision.
When you file your NOD, Vimeo.com it will be asked to choose whether you would like your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO examines your case than if it's reviewed by the BVA.
You can request a personal hearing with a senior rating expert through a DRO review. The DRO will examine your claim "de de novo" which means they will not defer to the previous decision. This usually results in a totally new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the longest lengthy appeals procedure and typically takes one to three years to receive a new decision.
What is the cost an attorney could charge?
A lawyer may charge a fee if appeal a VA decision regarding the basis of disability. However, current law prohibits lawyers from charging fees for assistance in a claim. This is because the fee has to be dependent on the lawyer prevailing in your case or getting your benefits increased through an appeal. These fees are usually 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 find 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 basis. This means that they will only be paid if they succeed in winning the appeal of the client and receive back payments from the VA. The amount of backpay paid can vary but can be as high as 20 percent of a claimant's past-due benefits.
In rare cases, an agent or lawyer might decide to charge an hourly rate. However, this is not the norm for two reasons. These matters can take months or years to resolve. The second reason is that many veterans and their families can't afford to pay an hourly fee.
Ken assists veterans in obtaining the disability benefits they deserve. Ken also represents his clients at VA Board of Veterans Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, discriminating against their disability claims in the 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 monthly compensation that is paid to veterans with disabilities that are related to service. The rating is based on 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 free of tax and provides a basic source of income to the disabled veteran and his family.
VA offers additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and hospitalization, allowances for automobiles, and hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans extra credits to increase their disability or retirement benefits. These additional credits are referred to as "credit for service."
Many of the conditions that make a veteran for disability compensation are described in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. A skilled lawyer with years of experience can help a client obtain this opinion and provide the evidence needed to support an application for disability compensation.
Sullivan & Kehoe has extensive experience in representing freeport veterans disability law firm in disability claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands disability cases and we are well-versed with the intricacies of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans' rights a priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.
How do I submit a claim?
First, veterans need to track down the medical evidence that supports their disability. This includes Xrays, doctor's notes or other evidence regarding their medical condition. Providing these records to the VA is very important. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is to fill out an intent to file. This form permits the VA to review your claim even before you have all the medical records required. This form also preserves the effective date of your compensation benefits in case you have a successful case.
Once all the information is in after all the information has been received, the VA will schedule an appointment for you. The VA will set the date for the examination depending on the severity of your disability and the type you are claiming. In the event that you do not attend this exam, it could delay the process of submitting your claim.
Once the tests are complete after which the VA will review the evidence and send you a decision packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.
A lawyer can assist you at this point. Lawyers who are accredited by VA can now be involved in appeals from the start, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be a source of frustration. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement you should tell the VA the reason you don't like their decision. You don't have to list every reason, but you must state all the issues that you don't agree with.
It's also important to request your C-file (claims file) to see the evidence that the VA used to make their decision. Sometimes there are gaps or incomplete records. In certain cases this could lead to an error in the rating decision.
When you file your NOD, Vimeo.com it will be asked to choose whether you would like your case to be reviewed by a Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO examines your case than if it's reviewed by the BVA.
You can request a personal hearing with a senior rating expert through a DRO review. The DRO will examine your claim "de de novo" which means they will not defer to the previous decision. This usually results in a totally new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the longest lengthy appeals procedure and typically takes one to three years to receive a new decision.
What is the cost an attorney could charge?
A lawyer may charge a fee if appeal a VA decision regarding the basis of disability. However, current law prohibits lawyers from charging fees for assistance in a claim. This is because the fee has to be dependent on the lawyer prevailing in your case or getting your benefits increased through an appeal. These fees are usually 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 find 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 basis. This means that they will only be paid if they succeed in winning the appeal of the client and receive back payments from the VA. The amount of backpay paid can vary but can be as high as 20 percent of a claimant's past-due benefits.
In rare cases, an agent or lawyer might decide to charge an hourly rate. However, this is not the norm for two reasons. These matters can take months or years to resolve. The second reason is that many veterans and their families can't afford to pay an hourly fee.
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