공지사항

Veterans Disability Litigation

A lawyer can assist veterans disability claim file an initial disability claim or contest the VA decision on the claim. However, current law prohibits lawyers from charging fees for assistance with the initial claim.

Monk alleges that the VA refused to grant him benefits based on PTSD and an unfavorable discharge. The VA has a long appeals process to correct any erroneous decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is cash benefits that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation provides a monetary payment to parents, spouses, and children of service members who have passed away on active duty or due to service-related injuries.

The most simple condition to establish is Tinnitus (ringing in the ear). The symptom is when you hear hissing, ringing, buzzing, or other sounds coming from one or both ears and can only be heard by you, and not to those who have it.

Sciatica is another of the easier conditions to be able to treat. Sciatica occurs when a herniated disk or bone spur can compress the sciatic nerve. The sciatic nerve runs from the lower part of your spine through your buttocks, hips, and down your legs. The numbness and pain are felt in the buttocks, lower leg and feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third condition that is easy to be able to qualify for. It's when you have constant nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an incident that happened in your military service. You can obtain the PTSD rating that you deserve by making a convincing claim and citing a stressful incident that happened during your service. A head injury that is traumatic is the fourth most straightforward condition to qualify for, and it usually comes with a PTSD diagnosis.

How do I make a claim for a VA Disability?

There are a number of procedures to follow to file an application. First, you must submit medical evidence such as an opinion from a doctor, lab reports and X-rays to prove that your condition meets the VA's definition of disability. It is generally beneficial to have a lawyer gather this evidence medically and submit it as part of your initial application, so that the VA can process it faster.

You then need to go through a Compensation and Pensions (C&P). It will be administered by an official from the federal VA rater who will evaluate your physical and psychological symptoms to determine if you are eligible for Veterans Disability Litigation disability benefits. It's important to have the necessary documentation prior to undergoing this exam so that you can maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has examined your medical evidence and completed the examination you will be issued an official decision letter. It will contain an introduction, a decision of your disability status and specific amount, a listing of the medical evidence they reviewed and a brief description of any reasons they ruled against you in making their decision.

If your claim is denied or you are awarded a rating that doesn't cover all of the ailments you suffer from, our firm will help with the appeals process. We can help you appeal an appeal against a denial by preparing a thorough appeal.

How do I challenge a VA Decision?

VA offers three options for applicants 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 whether the original decision can be changed due to a difference of opinion or an error that was made. This is a great alternative for a claimant who does not have any new evidence to provide and can be completed within the 125 days.

The other alternative is to submit an Supplemental Claim. It is an appeal where veterans disability lawsuit can add new evidence, but it has to be new and relevant. It can also include non-medical evidence, such as lay statements (sworn statements of people who know how your disability affects you). This appeal has to be filed within one year following the decision.

Thirdly you can submit a formal complaint to the Board of veterans disability legal Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the Case) once the appeal is filed. This will include a listing of the evidence that was considered, the laws and regulations that were used to arrive at the decision and the reasons behind why the decision was favorable, unfavorable or indeterminate.

The final option is to appeal to a federal court if the decision from the BVA is confirmed. This is the most costly and difficult path, but it may be the only option to ensure a fair outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A seasoned disability attorney provides clarity to the appeals process. He or she will swiftly identify what is lacking from your claim, making it eligible for review and assist you in deciding the best way to appeal a ruling. The job involves analyzing the reasons for the denial, helping you to develop medical evidence to support your case, and presenting the evidence in a professional manner.

If the court orders that disabled veterans disability attorney pay child maintenance or alimony and child maintenance, the veteran cannot evade this order and continue receive VA compensation benefits. This is a well-recognized law and there are penalties for ignoring the order of a judge.

A recent settlement in a class-action lawsuit could be a major victory for veterans with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans disability law previously denied disability benefits.

Jim the veteran, who is 58 years old was struck by a stroke and left him permanently disabled. He is a pensioner from the VA, but also SSI and Medicaid payments. Jim would like to know what the expected $100,000 settlement will affect his ability to claim these benefits. Jim realizes that he needs to 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.