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Veterans Disability Litigation

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

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

What is a VA Disability Claim (VAD)?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is an income-based benefit that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation provides cash payments to spouses, parents and children of service members who have passed away on active duty or as a result of veterans disability lawyer related to service.

Tinnitus is the #1 most common disability. This is a symptom that occurs when you hear a ringing, hissing buzzing, or other sounds coming from the ear of one or both and is only heard by you, and not to other people who have it.

Sciatica is one of the more common conditions to be diagnosed with. Sciatica occurs when a herniated disc bone spur compresses your sciatic nerve. This nerve runs from your lower spine through your buttocks, hips, and down your legs. The buttocks and lower legs are susceptible to being affected by discomfort and numbness.

The easiest condition to be eligible for is Post Traumatic Stress Disorder (PTSD). This occurs when you experience constant nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about a specific event that happened in your military service. A convincing defense of the claim with an event that caused stress during your service may help you achieve the PTSD rating you deserve. Traumatic head injuries are the fourth easiest condition to be considered for, and it usually comes with the PTSD diagnosis.

How Do I File a VA Disability Claim?

To file a claim you'll need to go through a few steps. First, you must submit medical evidence, such as medical opinions or lab reports, X-rays and lab reports to prove that your condition falls within the VA's definition of disability. It is often beneficial to have your lawyer collect the medical evidence in your initial application so that it can be easier to process by the VA.

Next, Veterans Disability Litigation you must undergo the Compensation and Pension (C&P) test. A federal VA rater will conduct this test. They will examine your physical and emotional symptoms in order to determine if you're 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.

After the C&P examiner has reviewed your medical evidence and completed the exam you will receive a decision letter. The letter will contain an introduction, the decision of your disability and the amount of disability, a listing and a an explanation of the medical evidence considered and the reasons for their decision.

Our firm can assist with the appeals procedure if your claim was rejected or if you've received a rating that doesn't adequately compensate you for the conditions you are experiencing. We will determine the reason for the reason your claim was denied and draft a thorough and strategic appeal to resolve the matter in your favor.

How can I challenge a VA Decision?

VA provides three options to claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence and determine if the initial decision can be changed due to a difference of opinion or an error made. This is an excellent alternative for a claimant who does not have new evidence to present and it can be completed within 120 days.

The second alternative is to submit an Supplemental Claim. This is an appeal in which the veteran can present new evidence, but it has to be relevant and new. It can also include nonmedical evidence, like lay statements. These are sworn statements by people who understand how your disability affects you. This appeal must be filed within a year following the decision.

Thirdly, you can file a formal complaint with the Board of veterans disability case Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the Case) when the appeal is filed. This will contain a list of the evidence considered, as well as the laws and regulations utilized to reach the decision and the reasons behind why the decision was favorable, unfavorable, or indeterminate.

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

What is the cost a lawyer will charge for an appeal?

A skilled veteran disability attorney brings clarity to the appeals process. They can quickly determine what was missing from your initial claim to allow it for review. He or she will help you determine the best method to appeal the decision. Reviewing the reasons for decision, assisting you in making medical evidence to back your claim, and then presenting this evidence in a proper manner is all essential to the job.

If a judge or a judge orders a disabled veteran pay alimony or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a law that is well-known and there are consequences for breaking the order of a judge.

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

Jim the veteran, who is 58 years old was struck by a stroke and made him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim wants to know whether the $100,000 settlement will affect his eligibility for these benefits. Jim realizes that he needs to prove that he has the financial need to continue receiving the monthly pension payment, but is wondering what can be done to reduce the impact on his other sources of income.