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Veterans Disability Litigation

A lawyer can help veterans disability lawsuit file an initial claim for disability or to contest a VA decision. Lawyers are currently not permitted to charge for initial claims.

Monk alleges that the VA denied his claim to benefits due to PTSD and an unfavorable discharge. The VA has an extensive appeals process 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 things like housing and medical treatment. Dependency and Indemnity Compensation provides a monetary payment to parents, spouses and children of Service members who have died while on active duty or due to disabilities related to service.

The most common condition to prove is Tinnitus (ringing in the ear). This is a sign that manifests when you hear a ringing sound 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 diagnose. Sciatica can occur when a herniated disk or bone spur puts pressure on your sciatic nerve. The sciatic nerve is located in your lower spine to your buttocks and hips and down your legs. The pain and numbness are felt in the buttocks, lower leg and feet and can be severe.

The easiest condition to qualify for Veterans Disability Litigation is Post Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety, depression, or a recurring thought about an incident that happened during your military service. You can earn the PTSD rating that you are entitled to by making a compelling claim and citing an event that occurred during your military service. A traumatizing brain injury is among the most simple condition to qualify for and is usually associated with an PTSD diagnosis.

How do I make a claim for a VA Disability?

To file a claim, you'll need to go through the steps. You must first submit medical evidence, such as a doctor’s opinion or lab results, as well as the X-rays that prove your condition falls within VA's definition of disability. It is a good idea to have a lawyer collect the medical evidence and include it in your initial application, so that the VA will be able to process it more easily.

The next step is to take a Compensation and Pension (C&P) exam. A federal VA rater will administer this test. They will evaluate your symptoms and physical condition to determine if you qualify for disability benefits. It is essential to have the appropriate documentation prior to taking this 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 completes the exam. This letter will contain an introduction, a determination of your disability and amount, a list and an explanation of the medical evidence considered and the reasons for their decision.

Our firm can assist you in completing the appeals process if your claim was denied or if you have received a rating which does not adequately compensate you for the issues you are experiencing. We can determine the reasons behind why your claim was denied and then prepare a thorough and strategic appeal to resolve the matter in your favor.

How can I contest a VA decision?

VA has three paths to take when a claimant is not happy with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence again and determine whether the original decision could be modified based on difference of opinion or an error that was made. This option is available to those who don't have new evidence to provide. It can be completed within one hundred and fifty days.

The second option is to make an Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it has to be relevant and new. It may also contain non-medical evidence, like lay statements. These are statements that are sworn by those who know how your disability affects. This type of appeal must be filed within one year after a decision.

Thirdly you can submit a formal complaint to the Board of veterans disability attorney Appeals. This is done by filing an VA Form 21-0958, also known as a Notice Of Disagreement. The regional office will draft an SOC (Statement of the Case) once the appeal is filed. This will comprise a list of the evidence taken into consideration, the laws and regulations used to make the decision, and the reasons why the decision was favorable, unfavorable or indeterminate.

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

How Much Will a Lawyer Charge for Appeals?

A seasoned disability attorney can help you understand the appeals process. He or she will quickly determine what was lacking from your initial claim in order to qualify it to be reviewed and help you decide the best method to appeal an appeal. The task involves analyzing the reasons behind the denial, helping you to develop medical evidence to prove your case and presenting the evidence in a proper way.

If an order from a court requires that a disabled veteran pay alimony or child maintenance the veteran is not able to ignore this order and continue receive VA compensation benefits. This is a well-known law and there are penalties for ignoring the order of a judge.

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

Jim is a veteran of 58 years was struck by a stroke and left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim would like to know the impact of his $100,000 settlement on his affect his eligibility for these benefits. Jim recognizes that he must show that he has financial need to continue receiving the monthly Pension payment, but he is wondering what can be done to minimize the effect on his other sources of income.