공지사항

Veterans Disability Litigation

A lawyer can assist a veteran file an initial disability claim or challenge a VA decision on the claim. At present, lawyers aren't permitted to charge for initial claims.

Monk alleges that the VA refused to grant him benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure to rectify any erroneous decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation offers cash payments to parents, spouses and children of Service members who have died on active duty or because of service-related disabilities.

Tinnitus is the #1 most frequent ailment. This is a symptom that occurs when you hear ringing in your ears, the sound of hissing or buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is among the most common ailments. It happens when an injury to the disk or bone spur compresses the sciatic nerve, which runs from your lower back to your buttocks and hips as well as down each leg. The lower legs and Veterans Disability Litigation buttocks can be affected by the discomfort and numbness.

Post Traumatic Stress (PTSD) is the third most common condition that you can be able to qualify for. You may experience recurring nightmares, extreme anxiety or depression, or Veterans Disability Litigation uncontrollable thoughts about an incident that happened during your military service. A convincing defense of the claim accompanied by the stressor that occurred during service can help you achieve the PTSD rating you deserve. A brain injury that is traumatic is the 4th most common condition to qualify for and typically comes with a PTSD diagnosis.

How do I file a VA Disability Claim?

There are a variety of steps to be followed to make an application. You must first present medical evidence, including a doctor’s opinion and lab results, or the X-rays that prove your condition meets VA’s definition of disability. It is usually beneficial to have a lawyer gather this medical evidence and include it in your initial application so that the VA will be able to process it faster.

You then need to go through an exam called Compensation and Pensions (C&P). The exam will be conducted by a federal VA rater who will evaluate your physical and medical conditions to determine if you are eligible for disability benefits. It's crucial to have appropriate documentation prior to taking this test so that you maximize your chances of receiving the benefits you deserve.

After the C&P examiner has looked over the medical evidence you submitted and has completed the examination you will be issued an official decision letter. This letter will contain an introduction, the decision of your impairment and the amount, a list and the description of all medical evidence that was considered and the reasons for their decision.

If your claim is rejected or you receive an amount that does not cover all of the issues you suffer from, our firm can help with the appeals process. We will determine the reason for the reasons for your claim being denied and craft a comprehensive and strategic appeal to end the issue to your satisfaction.

What can I do to challenge a VA decision?

VA offers three options to applicants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will scrutinize 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 an excellent option for a claimant who does not have new evidence to submit and it can be completed within the 125 days.

The other option is to submit a Supplemental Claim. This is an appeal where a veteran can add new evidence, but it has to be new and relevant. It can also be accompanied by non-medical evidence like lay statements (sworn statements of people who know how your disability affects you). This type of appeal must be made within a year following the decision.

Another option is to make a formal appeal to the Board of veterans disability case Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will prepare an Statement of the Case or SOC which will detail what laws and regulations were utilized in determining the decision, as well as a list of evidence considered and it will describe the reasons for the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is upheld then the only option left is to appeal the case to a federal appeals court. This is the most costly and time-consuming option, but it could be the only way to ensure a fair outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A veteran disability lawyer can assist to clarify the appeals procedure. He or she can quickly identify what was missing from your initial claim in order to qualify it to be reviewed and assist you in choosing the most effective method to appeal a decision. The job entails analyzing the reasons for refusal, helping you create medical evidence to back your case, and presenting the evidence in a way that is appropriate.

If an order from a court requires that disabled veterans disability settlement pay alimony or child maintenance, the veteran cannot ignore this order and continue receive VA compensation benefits. This is a well-known law and there are penalties for violating an order of a court.

A recent settlement of a class action lawsuit could be a significant win for veterans disability legal with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of veterans disability litigation who were previously denied disability benefits.

Jim is a 58 year veteran who suffered a stroke which left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim wants to know if his $100,000 settlement will affect his eligibility to receive these benefits. Jim is aware that he must to show that he is in need of the monthly pension payment, but he's wondering how he can minimize the impact on other income sources.