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Veterans Disability Litigation

Lawyers can assist veterans file a first disability claim or challenge the VA decision on the claim. But, the law in place today prohibits lawyers from charging fees for assistance in filing an initial claim.

Monk claims that the VA denied his claim for benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals process for Veterans Disability Litigation making amends to any decision that is not favorable.

What Is a VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation provides an amount of money to parents, spouses and children of Service members who have died while on active duty or due to service-related injuries.

Tinnitus is the #1 most commonly reported condition. This is a symptom that occurs when you hear a ringing, hissing buzzing, or other sounds in the ear of one or both and can only be heard by you, and not to others who also suffer from it.

Sciatica is one of the most common ailments. Sciatica happens when a herniated disc bone spur causes compression of the sciatic nerve. The sciatic nerve runs from your lower spine to your buttocks, hips and down your legs. The pain and numbness are felt in the buttocks, lower legs and feet. It can be quite severe.

The most common condition you can be able to qualify for is Post-Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares or extreme anxiety or depression, or a recurring thought of an incident that took place during your military service. A convincing argument in support of the claim using the stressor that occurred during service can help you get the PTSD rating you merit. A brain injury that is traumatic is the most simple condition to be considered for and typically comes with an PTSD diagnosis.

How do I file a VA Disability Claim?

In order to file a claim, you need to follow some steps. First, you must provide medical evidence, Veterans Disability Litigation such as an opinion from a doctor or lab reports, X-rays and lab reports to prove that your condition is within the VA's definition of disability. It is often helpful 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.

The next step is to take the Compensation and Pension (C&P) examination. This is conducted by an official from the federal VA rater who will review your symptoms and physical condition to decide whether or not you qualify for disability benefits. You must have all the documentation required to maximize your chances of obtaining benefits.

You will be issued a letter of decision when the C&P examiner reviews your medical evidence and completes the examination. The letter will contain an introduction, the determination of your disability and amount, a list and the description of all medical evidence considered and the reasons for their decision.

Our firm can assist you with the appeals process in case your claim has been denied or you have received a rating which doesn't adequately compensate you for the conditions you are experiencing. We can analyze the reasons for the reason your claim was denied and craft a comprehensive and strategic appeal to end the issue in your favor.

How can I contest a VA decision?

VA offers three options to claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence and determine if the initial decision is due to a difference of opinion or an error that was made. This option is available to those who do not have new evidence to support their claim. It can be completed in about 125 days.

The other option is to file an Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it must be relevant and new. It can also include non-medical evidence such as lay statements (sworn statements from people who understand how your disability affects you). This type of appeal must be filed within a year after the date of a decision.

Thirdly, you can make a formal complaint to the Board of veterans disability claim Appeals. This is done by filing a VA Form 21-0958 or a Notice Of Disagreement. Once the appeal is filed the regional office will prepare an Statement of the Case or SOC which will describe what laws and regulations were used to reach the decision, as well as a list of the evidence taken into consideration and will explain why the decision was made as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed in the end, the only alternative is to appeal the case to a federal appeals court. This is the most difficult path and can be expensive, but it is the only option to obtain an appropriate outcome for your client.

How much will a lawyer charge for an appeal?

A veteran disability lawyer can help to clarify the appeals process. They will quickly identify what is lacking from your claim, making it eligible for review and help you decide on the best method to appeal a decision. The task involves analyzing the reasons behind denial, helping you develop medical evidence to support your case, and presenting the evidence in a correct manner.

If a judge or a judge orders a disabled veteran 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 widely recognized law and there are consequences in the event of a violation of the court order.

A recent settlement of a class action lawsuit could be a significant win for veterans disability attorney with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans disability Litigation who had previously been denied disability benefits.

Jim an 58-year-old veteran who suffered a stroke that left him permanently disabled. He receives a pension from the VA and also SSI and Medicaid payments. Jim wants to know the impact of his $100,000 settlement on his affect his eligibility to receive these benefits. Jim understands 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 impact on his other sources of income.