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Veterans Disability Litigation

A lawyer can assist a veteran to make an initial claim for disability, or challenge an VA decision. Currently, lawyers are not allowed to charge fees for initial claims.

Monk claims that the VA denied him benefits based on PTSD, and a discharge that was not favorable. The VA has a lengthy appeals process for rectifying any decisions that are not in the best interest of the public.

What Is an VA Disability Claim?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is a cash benefit to cover expenses such as housing assistance and medical care. Dependency and Indemnity Compensation provides the parents, spouses, and children of Service members who have died on active duty or because of service-related disabilities.

Tinnitus is by far the most common disability. This is a symptom that occurs when you hear a ringing, hissing buzzing, or other sounds coming from one or both ears. The sound can only be heard by you, and not to others who also have it.

Sciatica is another one of the most common conditions to be able to treat. Sciatica occurs when a herniated disc or bone spur compresses your sciatic nerve. This nerve is located in your lower spine through your buttocks and hips and down your legs. The buttocks and lower legs can be affected by the discomfort and numbness.

Post Traumatic Stress (PTSD) is the third most common condition that you can qualify. This is when you experience frequent nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about an incident that took place during your military service. You can earn the PTSD rating that you deserve by making a strong claim and citing a stressful event that occurred during your military service. A traumatizing brain injury is among the 4th most common condition to qualify for and typically comes with a PTSD diagnosis.

How Do I File a claim for VA Disability?

To file a claim you need to follow some steps. You must first submit medical evidence, such as medical opinion from a physician and lab results as well as the X-rays that prove your condition meets VA’s definition of disability. It's usually beneficial to have your lawyer gather and submit this evidence as part of your initial filing to ensure that it is more easily processed by the VA.

Then, you'll have to take an Compensation and Pension (C&P) exam. This is conducted by an official from the federal VA rater who will assess your physical and mental health to determine whether or not you qualify for disability benefits. You should have all the required documentation to maximize your chances of receiving benefits.

After the C&P examiner has examined your medical evidence and completed the examination and analyzed your medical evidence, you will receive an official decision letter. The letter will include an introduction, a determination of your disability rating and the specific amount, a list of the medical evidence they reviewed and a description of the reasons they decided against the decision.

If your claim is denied or you receive a rating that does not pay for all the conditions you suffer from, our firm will assist in the appeals process. We can assist you in appealing the denial of your claim by preparing a comprehensive appeal.

How do I challenge a VA Decision?

VA provides three options to claimants who disagree with the decision. First an Senior Reviewer will look over the same evidence and determine whether the original decision could alter based on a divergence of opinion or exclusion. This is an option for those who do not have new evidence to prove. The process can be completed in 125 days.

Then, you can submit an Supplemental Claim. This is an appeal in which the veteran can present new evidence, but it has to be fresh and relevant. It could also include non-medical evidence, such as lay statements (sworn statements from those who know how your disability affects you). This type of appeal must be made within a year after a decision.

A third option is to submit a formal appeal to the Board of Veterans Appeals. This is done by submitting the VA Form 21-0958, a Notice Of Disagreement. After the appeal has been filed, the regional office will prepare a Statement of the Case or SOC which will describe the laws and regulations used in reaching the decision, a list of evidence that was considered and it will describe why the decision was made as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed then the only option left is to appeal the case to a federal appeals court. This is the most challenging option and can be expensive but it could be the only way to ensure an appropriate outcome for your client.

How much will a lawyer Charge for appeals?

A veteran disability lawyer can assist to clarify the appeals process. He or she will quickly determine what is missing from your claim, making it eligible to be reviewed and help you determine the best method to appeal a ruling. The task involves analyzing the reasons behind refusal, helping you create medical evidence to support your case, and presenting the evidence in a way that is appropriate.

If the court orders disabled veterans disability case pay child maintenance or alimony and child maintenance, the veteran cannot evade this order and continue receive VA compensation benefits. It is a widely accepted law, and there are penalties if you violate a court order.

A recent settlement in a class action lawsuit could be a major victory for veterans disability attorney suffering from PTSD. Medical News Today reports the settlement will allow thousands of veterans disability attorneys who had previously been denied disability benefits to receive lifetime benefits.

Jim, a 58-year-old veteran, veterans disability litigation suffered an stroke that made him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim wants to know if his $100,000 settlement will impact his ability to receive these benefits. Jim understands that he must prove that he has the financial need to continue receiving the monthly pension payment but wonders what can be done to minimize the impact on other sources of income.