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Veterans Disability Litigation

Lawyers can assist a veteran file an initial disability claim or contest the VA decision regarding the claim. However, current law prohibits lawyers from charging fees for assistance in filing an initial claim.

Monk alleges that the VA refused to grant him benefits due to PTSD and an unfavorable discharge. The VA has an extensive appeals process for fixing any erroneous decisions.

What is a VA Disability Claim?

A VA disability claim is a request for tax-free monthly benefits. Compensation is cash benefits that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation (DIC) offers financial assistance to parents, spouses, and children of service members who have died during active duty or through service-related injuries.

The most simple condition to claim is Tinnitus (ringing in the ear). It is a symptom that can be experienced when you hear sounds ringing in your ears, hissing or buzzing sounds, or other sounds, but only you can hear them.

Sciatica is one of the more common conditions to qualify for. Sciatica occurs when a herniated disk or bone spur puts pressure on the sciatic nerve. The sciatic nerve runs from the lower part of your spine through your buttocks and hips and down your legs. Lower legs and buttocks can be affected by discomfort and feeling of numbness.

Post Traumatic Stress (PTSD) is the third condition that is easy to be able to qualify for. There are times when you experience frequent nightmares or extreme anxiety depression, or uncontrollable thought about an incident that occurred during your military service. A convincing argument in support of the claim using a stressor that occurred during service can help you to get the PTSD rating you merit. Traumatic head injuries are the fourth most common condition to get a rating for and Veterans Disability Litigation usually comes with a PTSD diagnosis.

How do I submit a claim for VA Disability?

In order to file a claim, you need to follow certain steps. First, you must provide medical evidence like an opinion from a doctor, lab reports and X-rays to prove that your condition meets the VA's definition of disability. It is generally beneficial to get a lawyer to gather this medical evidence and submit it as part of your initial application so that the VA will be able to process it faster.

You then need to go through an exam for Compensation and Pensions (C&P). This will be performed by an official from the federal VA rater who will review your physical and mental health to determine if you qualify for disability benefits. It's important to have the necessary documentation prior to undergoing this test to maximize your chances of receiving the benefits you deserve.

After the C&P examiner has assessed the medical evidence you submitted and has completed the exam you will receive the decision letter. The letter will include an introduction, the determining of your impairment and the amount of your disability, a list and a details of all medical evidence that was considered as well as any reasons for their decision.

If your claim is denied or you are awarded an amount that does not pay for all the ailments you are suffering from, our firm will assist in the appeals process. We can analyze the reasons for the reasons for your claim being denied and craft a comprehensive and strategic appeal to settle the issue in your favor.

How do I challenge a VA Decision?

VA has three routes to consider when a claimant disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence over again and determine if the initial decision is valid in light of a disagreement or an error made. This is a good option for a person who does not have any new evidence to provide and can be completed within 125 days.

You can also submit an Supplemental Claim. This is an appeal where the veteran can present new evidence but it has to be original and relevant. It could also include non-medical evidence, such as lay statements. These are statements that are sworn by people who understand how your disability affects. This type of appeal must be submitted within one year from the date of a decision.

Another alternative is to submit a formal appeal to the Board of veterans disability settlement Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the case) when the appeal has been filed. This will include a list of evidence considered, as well as the regulations and laws used to make the decision, and the reasons why the decision was favourable, 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 obtain a fair decision for your client.

How Much Will a Lawyer Charge for appeals?

A veteran disability lawyer can help to clarify the appeals procedure. He or she will quickly identify what is lacking from your claim to make it eligible for review and help you determine the best method to appeal a ruling. The task involves analyzing the reasons behind denial, assisting you in preparing 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 child maintenance or alimony the veteran is not able to ignore this order and continue receive VA compensation benefits. This is a well-recognized law and there are penalties for violating the order of a judge.

A recent settlement of a class action lawsuit could be a major win for veterans disability lawyers with PTSD. Medical News Today reports the settlement will enable thousands of veterans disability lawyer who previously were not eligible for disability benefits to receive lifetime benefits.

Jim, a 58-year-old veteran had a stroke that left him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim wants to know how his expected $100,000 settlement will impact his eligibility for these benefits. Jim knows he has to prove that he's in need of the monthly pension payment, but he's not sure how he could minimize the impact on other income sources.