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Veterans Disability Litigation

A lawyer can help veterans disability lawsuit file an initial claim for disability or contest an VA decision. However, current law prevents lawyers from charging for assistance with the initial claim.

Monk claims that the VA denied his claims for benefits based on PTSD and an unfavorable discharge. The VA has a lengthy appeals process to making amends to any decision that is not favorable.

What Is an VA Disability Claim?

A VA disability claim is an application for tax-free monthly benefits. Compensation provides a cash payment to pay for things such as housing and Veterans Disability Litigation medical treatment. Dependency and Indemnity Compensation offers a monetary payment to parents, spouses and children of service members who have died while on active duty or as a result of disabilities related to service.

The easiest disability to prove is Tinnitus (ringing in the ear). This condition occurs when you hear a ringing, hissing buzzing, or other sounds in one or both ears and is only heard by you, as opposed to those who have it.

Sciatica is among the more common conditions. It is caused by an injured disk or bone spur puts pressure on the sciatic nerve which runs from your lower back to your hips and buttocks and down each leg. Lower legs and buttocks may be affected by discomfort and feeling of numbness.

The most common condition you can qualify for is Post Traumatic Stress Disorder (PTSD). You may have frequent nightmares, extreme anxiety, depression, or an uncontrollable thoughts about an incident that happened during your military service. You can obtain the PTSD rating that you are entitled to by making a compelling claim and citing an event that took place during your time of service. A traumatic brain injury is the most simple condition to be considered for and usually accompanies an PTSD diagnosis.

How do I file a claim for VA Disability?

To file a claim you'll need to follow the steps. First, you must provide medical evidence like an opinion from a doctor, lab reports and X-rays to establish that your condition falls within the VA's definition of disability. It's usually beneficial to have your lawyer collect and submit this evidence in your initial application to ensure that it is more easily processed by the VA.

Next, you must undergo an Compensation and Pension (C&P) exam. A federal VA rater will administer this test. They will evaluate your symptoms and physical condition in order to determine if you are eligible for disability benefits. It's crucial to have required documentation prior to taking the exam to maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has looked over the medical evidence you submitted and has completed the examination you will receive a decision letter. The letter will include an introduction, the decision of your disability and amount, a list and an explanation of the medical evidence they considered and the reasons for their decision.

Our firm can assist with the appeals process in case your claim has been denied or you have received a rating which doesn't adequately compensate you for the symptoms you are experiencing. We can assist you in appealing an appeal against a denial by preparing a thorough appeal.

How Do I Challenge a VA Decision?

VA provides three options to applicants who disagree with the decision. First a Senior Reviewer can examine the same evidence and determine if the original decision can be changed due to a change of opinion or exclusion. This is a viable option for a claimant who does not have new evidence to submit and can be completed in one hundred and fifty days.

The other option is to file an Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it has to be new and relevant. It may also contain non-medical evidence such as lay statements (sworn statements from those who understand how your disability affects you). This type of appeal must be made within a year after a decision.

Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the Case) once the appeal has been filed. This will contain a list of evidence taken into consideration, the regulations and laws used in making the decision, as well as the reasons why the decision was favourable, unfavorable or indeterminate.

If the BVA decision is upheld, the final option is to refer the case to a federal appeal court. This is the most difficult option and can be expensive but it is the only way to ensure an equitable outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A veteran disability lawyer can assist to clarify the appeals procedure. He or she will quickly determine what is missing from your claim to make it eligible to be reviewed and assist you in deciding the best way to appeal a ruling. Reviewing the reasons for rejection, and assisting you with making medical evidence to back your claim, and presenting your evidence in an appropriate way is all aspects of the job.

If the court orders a disabled veteran pay child maintenance or alimony, the veteran cannot ignore this order and continue receive VA compensation benefits. This is a well-known law and there are penalties for violating the court's order.

A recent settlement of a class action lawsuit could be a significant victory for veterans disability lawyers suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans disability attorneys who were previously denied disability benefits.

Jim the veteran, who is 58 years old who suffered a stroke that made him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim would like to know how the anticipated $100,000 settlement will affect his ability to receive these benefits. Jim recognizes that he must prove that he has the financial need to continue receiving the monthly Pension payment, but he wonders what could be done to reduce the effect on his other sources of income.