Veterans Disability Case Tools To Help You Manage Your Daily Life Vete…
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Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA Disability?
The disability rating determines the amount of monthly payments to veterans with disabilities that are related to service. This rating is based upon the severity of an illness or injury and may range between zero and 100% in increments of 10 percent (e.g. 20%, 30%, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their family.
VA provides additional compensation through other programs, like individual unemployment, clothing allowances, hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. These are in addition to the basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans disability lawsuits special credits to boost their retirement or disability benefits. These extra credits are called "credit for service."
Many of the conditions that make a veteran for disability compensation are included in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the proof needed to prove a claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients receive the disability benefits that they deserve. We have handled hundreds of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans rights a key part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.
How do I claim a benefit?
First, veterans must track down the medical evidence supporting their disability. This includes X-rays and doctor's reports or any other documentation regarding their medical condition. Making these records available to the VA is very important. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).
The next step is to file an intent to file. This form allows the VA to begin reviewing your claim, even before you have all the medical records you need. The form also keeps the date on which you will receive your compensation benefits in the event you succeed in your claim.
When all the information is submitted When all the information is submitted, the VA will arrange an examination for you. This will depend on the amount and type of disability you claim. If you fail to attend this test, it could delay the processing of your claim.
The VA will provide you with a decision package after the tests have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.
A lawyer can assist you in this situation. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is an enormous benefit to those who seek disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans can be frustrating. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you have to tell the VA why you disagree with their decision. You don't need to list all the reasons but you should list all the points you disagree with.
It's also crucial to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. In many cases there are missing or incomplete records. In some instances this could lead to an error in the rating decision.
When you file your NOD you must choose whether you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO examines your case than if it's reviewed by the BVA.
If you are subject to an DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will examine your claim "de de novo" this means they will not be influenced by the previous decision. This typically results in the issue of a new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the most lengthy appeals process and can take up to three years for an update on the decision.
How much does an attorney charge?
Lawyers may charge a fee to help you appeal an VA disability decision. However, current law prevents lawyers from charging fees for assistance when submitting a claim. The fee is only due when the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.
Veterans can find accredited representatives through the VA's searchable database for accredited attorneys or claims representatives. These people are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast range of issues that include disability compensation claims and pension claims.
The majority of veterans' disability advocates operate on a contingent basis. This means that they will only be paid if they succeed in winning the client's appeal and receive back pay from the VA. The amount of backpay awarded can vary, but it can be as high as 20 percent of the claimant's past-due benefits.
In rare cases an attorney or agent might choose to charge an hourly rate. This isn't often the case due to two reasons. First, these matters can be time-consuming and can last for months or even years. Second, most veterans and their families cannot afford to pay on an hourly basis.
Ken helps veterans obtain the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA Disability?
The disability rating determines the amount of monthly payments to veterans with disabilities that are related to service. This rating is based upon the severity of an illness or injury and may range between zero and 100% in increments of 10 percent (e.g. 20%, 30%, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their family.
VA provides additional compensation through other programs, like individual unemployment, clothing allowances, hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. These are in addition to the basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans disability lawsuits special credits to boost their retirement or disability benefits. These extra credits are called "credit for service."
Many of the conditions that make a veteran for disability compensation are included in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the proof needed to prove a claim for disability compensation.
Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to helping our clients receive the disability benefits that they deserve. We have handled hundreds of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans rights a key part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.
How do I claim a benefit?
First, veterans must track down the medical evidence supporting their disability. This includes X-rays and doctor's reports or any other documentation regarding their medical condition. Making these records available to the VA is very important. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).
The next step is to file an intent to file. This form allows the VA to begin reviewing your claim, even before you have all the medical records you need. The form also keeps the date on which you will receive your compensation benefits in the event you succeed in your claim.
When all the information is submitted When all the information is submitted, the VA will arrange an examination for you. This will depend on the amount and type of disability you claim. If you fail to attend this test, it could delay the processing of your claim.
The VA will provide you with a decision package after the tests have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.
A lawyer can assist you in this situation. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is an enormous benefit to those who seek disability benefits.
How do I appeal a denial?
Denial of benefits for disability suffered by veterans can be frustrating. Thankfully there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you have to tell the VA why you disagree with their decision. You don't need to list all the reasons but you should list all the points you disagree with.
It's also crucial to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. In many cases there are missing or incomplete records. In some instances this could lead to an error in the rating decision.
When you file your NOD you must choose whether you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO examines your case than if it's reviewed by the BVA.
If you are subject to an DRO review, you have the option of requesting an individual hearing before a senior rating specialist. The DRO will examine your claim "de de novo" this means they will not be influenced by the previous decision. This typically results in the issue of a new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the most lengthy appeals process and can take up to three years for an update on the decision.
How much does an attorney charge?
Lawyers may charge a fee to help you appeal an VA disability decision. However, current law prevents lawyers from charging fees for assistance when submitting a claim. The fee is only due when the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.
Veterans can find accredited representatives through the VA's searchable database for accredited attorneys or claims representatives. These people are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast range of issues that include disability compensation claims and pension claims.
The majority of veterans' disability advocates operate on a contingent basis. This means that they will only be paid if they succeed in winning the client's appeal and receive back pay from the VA. The amount of backpay awarded can vary, but it can be as high as 20 percent of the claimant's past-due benefits.
In rare cases an attorney or agent might choose to charge an hourly rate. This isn't often the case due to two reasons. First, these matters can be time-consuming and can last for months or even years. Second, most veterans and their families cannot afford to pay on an hourly basis.
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