10 Veterans Disability Case-Related Projects To Stretch Your Creativit…
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Veterans Disability Litigation
Ken counsels veterans of the military to assist them in obtaining the disability benefits they deserve. 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 disability attorney by discriminating against their disability claims.
What is what is VA Disability?
The amount of monetary compensation per month given to veterans with service-related disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can vary from 0% to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation, such as individual unemployment, auto 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 credit that they can use to increase their earnings over time to be eligible for disability or retirement benefits. These extra credits are referred to as "credit for service."
Many of the conditions that can qualify an individual for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions, however require an expert's opinion. An experienced lawyer can help a client obtain this opinion and provide the evidence required to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for veterans rights a key part of his practice after he successfully represented himself at 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 supporting their impairment. This includes X-rays and doctor's reports, as in any other documentation related to the condition of the veteran. Providing these records to the VA is very important. 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 form allows the VA examine your claim even before you have the needed information and medical records. This form also preserves the date of effective compensation benefits in case you have a successful case.
The VA will schedule your examination when all information has been received. This will be dependent on the quantity and type of disabilities you are claiming. Make sure you take this exam, as in the event you fail to take it and fail to take it, it could hinder your claim.
After the examinations have been completed, the VA will review the evidence and send you a decision-making 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.
At this moment, a lawyer will help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a an enormous benefit for people seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a gruelling experience. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement you have to tell the VA why you are not happy with their decision. You don't have to list every reason, but you must mention all the aspects you disagree with.
It's also crucial to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are often incomplete or missing data. This can result in an error in the rating.
If you submit your NOD you must choose whether you want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a greater chance of success with a DRO review than with the BVA.
With an DRO review, you have the option of requesting an individual hearing with a senior rating specialist. The DRO will conduct an examination of your claim on a "de de novo" basis, which means that they will not give deference to the previous decision. This typically results in an entirely new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the most lengthy appeals procedure and can take up to three years before you receive an appeal to be heard.
How much does an attorney charge?
A lawyer could charge a fee for helping you appeal an VA disability decision. But, current law prohibits lawyers from charging fees to assist in the case. This is because the fee has to be dependent on the lawyer winning your case or getting your benefits increased through an appeal. Typically the fees will be paid directly from the lump-sum payments that you receive from the VA.
Veterans are able to search the database of lawyers accredited to practice or claim agents to find accredited representatives. They have been vetted by the Department of veterans disability Law firms Affairs to represent service members, veterans, dependents, or survivors in a variety of issues such as disability compensation and pension claims.
Most disability advocates for veterans are paid on the basis of a contingent. This means that they will only be paid if they win the client's appeal and are awarded back pay from the VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total past-due benefit amount.
In rare cases, an agent or attorney may choose to charge on the hourly basis. This is rare for two reasons. These matters could take months or even years to resolve. Second, most veterans and their families are unable to afford to pay on an hourly basis.
Ken counsels veterans of the military to assist them in obtaining the disability benefits they deserve. 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 disability attorney by discriminating against their disability claims.
What is what is VA Disability?
The amount of monetary compensation per month given to veterans with service-related disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and can vary from 0% to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is exempt from tax and provides a basic amount of income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation, such as individual unemployment, auto 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 credit that they can use to increase their earnings over time to be eligible for disability or retirement benefits. These extra credits are referred to as "credit for service."
Many of the conditions that can qualify an individual for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions, however require an expert's opinion. An experienced lawyer can help a client obtain this opinion and provide the evidence required to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and we are well-versed with the intricacies of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for veterans rights a key part of his practice after he successfully represented himself at 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 supporting their impairment. This includes X-rays and doctor's reports, as in any other documentation related to the condition of the veteran. Providing these records to the VA is very important. 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 form allows the VA examine your claim even before you have the needed information and medical records. This form also preserves the date of effective compensation benefits in case you have a successful case.
The VA will schedule your examination when all information has been received. This will be dependent on the quantity and type of disabilities you are claiming. Make sure you take this exam, as in the event you fail to take it and fail to take it, it could hinder your claim.
After the examinations have been completed, the VA will review the evidence and send you a decision-making 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.
At this moment, a lawyer will help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a an enormous benefit for people seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a gruelling experience. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement you have to tell the VA why you are not happy with their decision. You don't have to list every reason, but you must mention all the aspects you disagree with.
It's also crucial to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are often incomplete or missing data. This can result in an error in the rating.
If you submit your NOD you must choose whether you want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you will have a greater chance of success with a DRO review than with the BVA.
With an DRO review, you have the option of requesting an individual hearing with a senior rating specialist. The DRO will conduct an examination of your claim on a "de de novo" basis, which means that they will not give deference to the previous decision. This typically results in an entirely new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the most lengthy appeals procedure and can take up to three years before you receive an appeal to be heard.
How much does an attorney charge?
A lawyer could charge a fee for helping you appeal an VA disability decision. But, current law prohibits lawyers from charging fees to assist in the case. This is because the fee has to be dependent on the lawyer winning your case or getting your benefits increased through an appeal. Typically the fees will be paid directly from the lump-sum payments that you receive from the VA.
Veterans are able to search the database of lawyers accredited to practice or claim agents to find accredited representatives. They have been vetted by the Department of veterans disability Law firms Affairs to represent service members, veterans, dependents, or survivors in a variety of issues such as disability compensation and pension claims.
Most disability advocates for veterans are paid on the basis of a contingent. This means that they will only be paid if they win the client's appeal and are awarded back pay from the VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total past-due benefit amount.
In rare cases, an agent or attorney may choose to charge on the hourly basis. This is rare for two reasons. These matters could take months or even years to resolve. Second, most veterans and their families are unable to afford to pay on an hourly basis.
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