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Veterans Disability Litigation

A lawyer may help a veteran file an initial disability claim or challenge the VA decision on the claim. However, the law currently prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk claims that the VA denied benefits due to PTSD and the discharge was not favorable. The VA has a lengthy appeals procedure for fixing any erroneous decisions.

What is an VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash payment to cover expenses such as housing and medical expenses. Dependency and Indemnity Compensation offers the spouses, parents and children of service members who have died while on active duty or due to disability related to service.

Tinnitus is the #1 most commonly reported condition. It is a condition that can be experienced when you hear sounds ringing in your ears, a hissing sound, buzzing sounds, or any other sounds that you cannot hear them.

Sciatica is another one of the most common conditions to be diagnosed with. It is caused by an injured disk or bone spur can compress the sciatic nerve which runs from your lower back, through your hips and buttocks and down each leg. The numbness and pain can be felt in the buttocks, lower legs and feet and can be severe.

The third most straightforward condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience recurring nightmares, extreme anxiety, Veterans Disability Litigation depression, or thoughts that are uncontrollable regarding a specific incident which occurred during your military service. You can earn the PTSD rating you are entitled to by making a compelling claim and citing an event that occurred during your service. A traumatizing brain injury is the fourth most straightforward condition to qualify for and is usually associated with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

To file a claim you need to follow the steps. You must first submit medical evidence, such as a doctor’s opinion or lab results, as well as X-rays, to show that your condition meets VA’s definition of disability. It's usually helpful to have your lawyer gather the medical evidence and submit it as part of your initial filing to ensure that it is easier to process by the VA.

You will then have to undergo an exam for Compensation and Pensions (C&P). A federal VA rater will administer this exam. They will assess your physical and mental health to determine whether you are eligible for veterans disability legal benefits. It's crucial to have required documentation prior to taking the test so that you maximize your chances of obtaining the benefits you deserve.

You will receive a letter of determination when the C&P examiner has reviewed your medical evidence and finishes the exam. It will include an introduction, a declaration of your disability classification and the specific amount, a list of the medical evidence they reviewed and a statement of any reasons they decided against you in deciding.

Our firm can help you with the appeals process in case your claim was denied or if you have received a rating that does not adequately compensate you for the conditions you are experiencing. We can assess the reasons for your claim being denied and then prepare a thorough and strategic appeal to end the matter in your favor.

How can I contest a VA decision?

VA provides three options to those who are dissatisfied with a decision. First an Senior Reviewer will look over the same evidence and determine whether the original decision is likely to change based on a difference of opinion or an error. This is an option for those who do not have new evidence to provide. The process can be completed in 125 days.

Then, you can file an Supplemental Claim. It is an appeal in which the veteran can provide additional evidence, but it must be relevant and new. It could also include non-medical evidence such a lay statements (sworn declarations from people who understand how your disability affects you). This type of appeal should be filed within one year following the decision.

A third option is to submit a formal appeal to the Board of veterans disability lawyer Appeals. This is done by submitting the VA Form 21-0958 or a Notice of Disagreement. Once the appeal is filed, the regional office will prepare an Statement of the Case or SOC which will identify the laws and regulations used to reach the decision, as well as a list of evidence that was taken into consideration and will explain the reasons behind the decision as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court if the decision from the BVA is upheld. This is the most difficult and expensive option, but it could be the only option to get a fair result for your client.

What is the average amount a lawyer can charge for an appeal?

A seasoned disability attorney will help you understand the appeals process. They will quickly determine what is missing from your claim, making it eligible to be reviewed and assist you in deciding the best method to appeal a decision. Examining the reasons behind the denial, helping you in preparing medical evidence to support your claim, and presenting this evidence in a professional manner is all necessary steps.

If a judge orders a disabled veteran to pay alimony, alimony that was ordered by a court, or child support, the veteran isn't able to disregard the order and continue to collect VA compensation benefits. This is a well-recognized law and there are penalties for violating the court's order.

A recent settlement in a class-action lawsuit could be a huge victory for veterans disability attorney suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of veterans disability lawyers who had previously been denied disability benefits.

Jim is a 58 year veteran who had a stroke which left him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim wants to know how the anticipated $100,000 settlement will affect his ability to receive these benefits. Jim knows that he has to 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.