공지사항

Veterans Disability Litigation

Lawyers can assist veterans file an initial disability claim or challenge the VA decision on the claim. However, current law prevents lawyers from charging fees for assistance with an initial claim.

Monk alleges that the VA denied his claim to benefits in the context of PTSD and an unfavorable discharge. The VA has an extensive appeals process for rectifying any decisions that are not in the best interest of the public.

What Is a VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash benefit to pay for things like housing and medical treatment. Dependency and Indemnity Compensation provides a monetary payment to spouses, parents and children of Service members who have died while on active duty or due to service-related injuries.

Tinnitus is the #1 most frequently reported disorder. This is a symptom that occurs when you hear a ringing, hissing buzzing, or other sounds coming from either or both ears. It can only be heard by you, and not to others who also suffer from it.

Sciatica is among the most common ailments. Sciatica occurs when a herniated disc bone spur can compress your sciatic nerve. The sciatic nerve is located in your lower spine, through your buttocks, hips, and down your legs. Lower legs and buttocks can be affected by pain and the numbness.

The most common condition you can be diagnosed with is Post Traumatic Stress Disorder (PTSD). This occurs when you experience repeated nightmares, extreme anxiety, depression, Veterans Disability Litigation or thoughts that are uncontrollable regarding a specific incident that occurred during your military service. A convincing proof of the claim by citing an event that caused stress in the course of service can help to get the PTSD rating you are entitled to. A head injury that is traumatizing is the fourth easiest condition to prove and usually comes with an PTSD diagnosis.

How do I file a claim for VA Disability?

To file a claim, you need to follow certain steps. First, you need to submit medical evidence, such as a doctor's opinion and lab reports as well as Xrays to establish that your condition is within the VA's definition of disability. It is often beneficial to have your lawyer gather the medical evidence and submit it as part of your initial filing so that it can be easier to process by the VA.

Next, you must undergo the Compensation and Pension (C&P) exam. This will be performed by an federal VA rater who will assess your physical and psychological symptoms to determine whether or not you are eligible for disability benefits. It is crucial to have the appropriate documentation prior to taking this test to maximize your chances of obtaining the benefits you deserve.

You will be issued a letter of decision after the C&P examiner has reviewed your medical evidence and completes the examination. The letter will contain an introduction, the decision of your disability and the amount of disability, a listing and a description of all medical evidence that was reviewed as well as any reasons for their decision.

If your claim is denied or you are awarded an amount that does not compensate you for all of the conditions you are suffering from, our firm will help with the appeals process. We can determine the reasons behind the reason your claim was denied and craft a comprehensive and strategic appeal to end the matter in your favor.

How Do I Challenge a VA Decision?

VA offers three options to claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence over again and determine if the original decision could be modified because of a difference of opinion or an error made. This is an excellent option for a claimant that doesn't have new evidence to provide and it can be completed within the 125 days.

The other option is to submit an Supplemental Claim. It is an appeal in which veterans disability compensation can add new evidence, but it has to be new and relevant. It can also include non-medical evidence like lay statements (sworn statements from people who know how your disability affects you). This appeal must be filed within a year after the date of a decision.

Another option is to file a formal appeal with the Board of Veterans Appeals. This is done by submitting the VA Form 21-0958, also known as a Notice Of Disagreement. Once the appeal is filed the regional office will draft a Statement of Case or SOC which will detail the laws and regulations utilized in determining the decision, a list of the evidence considered and it will describe why the decision was made as either favorable, unfavorable, or indeterminate.

If the BVA decision is upheld and the BVA decision is upheld, the last option is to appeal the decision to a federal appeal court. This is the most costly and time-consuming path, but it may be the only option to obtain a fair decision for your client.

How Much Will a Lawyer Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals procedure. He or she can quickly identify what was missing from your initial claim in order to qualify it for review. He or she will assist you in choosing the most effective method to appeal an appeal. Reviewing the reasons for denial, helping you in making medical evidence to back your claim, and presenting your evidence in a way that is appropriate are all essential to the job.

If a court or a judge orders a disabled veteran pay court-ordered alimony or child support, the veteran is not able to ignore the order and continue to receive VA compensation benefits. It is a widely accepted law, and there are penalties in the event of a violation of the court order.

A recent settlement in a class-action lawsuit could be a huge victory for veterans disability lawsuit with PTSD. Medical News Today reports the settlement will allow thousands veterans disability case who were previously denied disability benefits to receive lifetime benefits.

Jim is a 58 year veteran who had a stroke that rendered him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will affect his ability to receive these benefits. Jim knows he has to show that he is in need of the monthly Pension payment, but he's not sure how he could minimize the impact on his other income sources.