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Veterans Disability Litigation

A lawyer can help a veteran file an initial disability claim or challenge the VA decision regarding the claim. But, the law in place today prohibits lawyers from charging for assistance in filing an initial claim.

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

What is a VA Disability Claim?

A VA disability claim is a request for tax-free monthly benefits. Compensation provides a cash payment to pay for things 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 on active duty or due to disability related to service.

The most simple condition to prove is Tinnitus (ringing in the ear). This is a symptom that manifests when you hear sounds ringing in your ears, the sound of hissing or buzzing sounds, or any other sounds that you cannot hear them.

Sciatica is among the most common ailments. Sciatica can occur when a herniated disc or bone spur compresses the sciatic nerve. This nerve is located in your lower spine through your buttocks, hips, and down your legs. Lower legs and buttocks can be affected by discomfort and feeling of numbness.

The 3rd most simple condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). This is when you experience recurring nightmares, extreme anxiety, depression or uncontrollable thoughts regarding a specific incident that took place during your military service. A convincing proof of the claim with an event that caused stress during your service can help you receive the PTSD rating you are entitled to. A traumatizing brain injury is the 4th most common condition to be eligible for and typically comes with the PTSD diagnosis.

How do I file a VA Disability Claim?

There are a variety of steps to be followed to submit an application. You must first submit medical evidence, like a doctor’s opinion or lab results, as well as the X-rays that prove your condition is within VA's definition of disability. It is usually beneficial to have a lawyer collect the medical evidence and include it in your initial application, so that the VA can process it more easily.

Next, you must undergo another Compensation and Pension (C&P) exam. It will be administered by an federal VA rater who will evaluate your physical and mental health to decide whether or Veterans Disability Litigation not you are eligible for disability benefits. It is essential to have the necessary documentation prior to undergoing this exam to maximize your chances of obtaining the benefits you deserve.

You will receive a letter of decision once the C&P examiner reviews the medical evidence you submitted and has completed the examination. This letter will include an introduction, the determining of your impairment and the amount of your disability, a list and a description of all medical evidence considered and the reasons behind their decision.

If your claim is denied or you receive an unjustified rating that doesn't pay for all the conditions you are suffering from, our firm will assist in the appeals process. We can assist you in appealing an appeal against a denial through the preparation of a comprehensive appeal.

How do I challenge a VA decision?

VA offers three options to those who are dissatisfied with the decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence over again and decide if the original decision is based on difference of opinion or an error made. This is a good option for a claimant who does not have any new evidence to show and it can be completed within 125 days.

The second option is to make an Supplemental Claim. It is an appeal where veterans can add new evidence, but it has to be relevant and new. It could also include non-medical evidence such a lay statements (sworn statements from those who are aware of how your disability affects you). This type of appeal must be submitted within one year from the date of a decision.

Another alternative is to file a formal appeal with the Board of veterans disability compensation Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will prepare a Statement of the Case or SOC that will outline the laws and regulations that were utilized in determining the decision, along with a list of evidence that was considered, and it will also explain why the decision was made as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed and the BVA decision is upheld, the last option is to refer the case to a federal appeals court. This is the most difficult route and can be expensive but it could be the only method to get an appropriate outcome for your client.

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

A veteran disability lawyer can help to clarify the appeals procedure. He or she can quickly determine what was missing from your initial claim to be eligible for review. He or she will help you decide the best method to appeal an appeal. The job involves analyzing the reasons behind the denial, helping you to develop medical evidence to prove your case, and presenting the evidence in a professional manner.

If a judge or a judge orders a disabled veteran pay alimony ordered by the court or child support, that veteran cannot ignore the order and continue to receive VA compensation benefits. This is a well-recognized law and there are penalties for ignoring the court's order.

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

Jim the veteran, who is 58 years old who suffered a stroke that rendered him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim wants to know how his expected $100,000 settlement will affect his ability to claim these benefits. Jim realizes that he has to prove that he is in need of the monthly pension payment, but he's wondering how he can reduce the impact on his other income sources.