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Veterans Disability Litigation

Lawyers can assist veterans file an initial disability claim or challenge an VA decision on the claim. However, current law prevents lawyers from charging fees for assistance with the initial claim.

Monk alleges that the VA denied his claims for benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to fixing any erroneous decisions.

What Is an VA Disability Claim?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation is a cash benefit to cover expenses such as housing and medical treatment. Dependency and Indemnity Compensation offers an amount of money to parents, spouses and children of Service members who have died while on active duty or due to disabilities related to service.

Tinnitus is the most commonly reported condition. This symptom occurs when you notice a hissing, ringing buzzing or other sounds in the ear of one or both and is only heard by you, in contrast to other people who have it.

Sciatica is another one of the most common conditions to be able to treat. It is caused by a herniated disc or bone spur puts pressure on the sciatic nerve which runs from your lower back, through your buttocks, hips and down each leg. The numbness and pain are felt in the buttocks, lower legs, and feet, and can be very severe.

Post Traumatic Stress (PTSD) is the third most common condition that you can be eligible for. It is possible to experience recurring nightmares, extreme anxiety or depression, or a recurring thought about an incident that happened during your military service. You can obtain the PTSD rating that you deserve by making a strong claim and citing an event that happened during your service. A brain injury that is traumatic is the 4th most common condition to qualify for and is usually associated with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are a variety of procedures to follow to make an application. First, you must submit medical evidence, including medical opinion from a physician and lab results, or the X-rays that prove your condition is within VA's definition of disability. It is often beneficial to have your lawyer collect the medical evidence as part of your initial filing to ensure that it is more easily processed by the VA.

You will then have to undergo an exam called Compensation and Pensions (C&P). This will be performed by an official from the federal VA rater who will assess your physical and mental health to decide whether or not you qualify for disability benefits. It is essential to have the proper documentation before undergoing this exam so that you can maximize your chances of receiving the benefits you deserve.

After the C&P examiner has assessed your medical evidence and completed the exam you will receive a decision letter. The letter will include an introduction, a decision of your disability rating as well as a the specific amount, a list of the medical evidence they considered and a statement of any reasons why they decided against you in making their decision.

Our firm can help you in completing the appeals process if your claim has been denied or you've received a rating which does not adequately compensate you for the issues you are experiencing. We can assess the reason your claim was denied and craft a comprehensive and strategic appeal to resolve the issue in your favor.

How do I challenge a VA Decision?

VA offers three options for claimants who disagree with a decision. First the Senior Reviewer will review the same evidence and determine whether the original decision is likely to be changed due to a change of opinion or error. This is a possibility for claimants who don't have any new evidence to provide. It can be completed within 125 days.

Then, you can submit a Supplemental Claim. This is an appeal where the veteran can present new evidence, however it must be to be relevant and new. It can also be accompanied by non-medical evidence such as lay statements (sworn declarations from people who are aware of how your disability affects you). This appeal has to be filed within a year following a decision.

Another alternative is to submit a formal appeal to the Board of veterans disability legal Appeals. This is done by submitting a VA Form 21-0958, also known as a Notice of Disagreement. The regional office will prepare an SOC (Statement of the case) once the appeal is filed. It will list evidence that was taken into consideration, the regulations and laws used to reach the decision and the reasons behind why the decision was favorable, not favorable, or indeterminate.

The last option is to appeal to a federal court if the decision from the BVA is upheld. This is the most costly and time-consuming path, but it may be the only way to obtain a fair decision 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 will swiftly identify what is lacking from your claim to make it eligible for review and assist you in deciding the best method to appeal a decision. Scrutinizing the reasons for the denial, assisting you in creating medical evidence to support your claim, and presenting this evidence in an appropriate way are all aspects of the job.

If a court decides that a disabled veteran must 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-known law and there are penalties for violating the order of a judge.

A recent settlement in a class action lawsuit could be a huge victory for veterans disability compensation with PTSD. Medical News Today reports the settlement will result thousands of veterans disability attorneys who previously were denied disability benefits from receiving lifetime benefits.

Jim is a 58 year old veteran who suffered a stroke which left him permanently disabled. He receives a pension from the VA and also SSI and Veterans Disability Litigation Medicaid payments. Jim would like to know what the expected $100,000 settlement will affect his eligibility to receive these benefits. Jim knows that he needs to prove that he is in need of the monthly Pension payment, but he's wondering how he can minimize the impact on his other income sources.