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Veterans Disability Litigation

A lawyer can help veterans disability lawyers submit an initial claim for disability or challenge a VA decision. However, the law currently prohibits lawyers from charging for assistance in filing an initial claim.

Monk alleges that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA has an extensive appeals process for making amends to any decision that is not favorable.

What is a VA Disability Claim?

A VA disability claim is an application for tax-free monthly benefits. Compensation is an unpaid 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 passed away on active duty or as a result of service-related disabilities.

Tinnitus is the most commonly reported condition. This is a symptom that occurs when you hear hissing, ringing, buzzing or other sounds from one or both ears and is only heard by you, as opposed to those who have it.

Sciatica is among the most common ailments. Sciatica can occur due to a herniated disc, or bone spur compresses your sciatic nerve. This nerve runs from your lower spine, through your buttocks and hips and down your legs. Numbness and pain are felt in the buttocks and lower legs as well as the feet and can be severe.

Post Traumatic Stress (PTSD) is the third condition that is easy to qualify. There are times when you experience frequent nightmares or extreme anxiety depression, or uncontrollable thought of an incident that took place during your military service. A convincing argument in support of the claim with a stressor that occurred during service can help you get the PTSD rating you deserve. A head injury that is traumatic is the fourth most straightforward condition to get a rating for and is typically associated with an PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim, you must follow a few steps. You must first submit medical evidence, like medical opinion from a physician or lab results, as well as the X-rays that prove your condition meets VA’s definition of disability. It's often helpful to have your lawyer gather and submit this evidence as part of your initial filing so that it can be easier to process by the VA.

Next, you must undergo the Compensation and Pension (C&P) test. This will be performed by an official from the federal VA rater who will examine your physical and psychological symptoms to determine whether or not you are eligible for disability benefits. You must have all the documentation required in order to maximize your chances of obtaining benefits.

You will receive a letter of determination once the C&P examiner reviews your medical evidence and completes the exam. This 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.

Our firm is able to assist with the appeals procedure if your claim has been denied or you have received a rating that is not enough to compensate you for the conditions you are experiencing. We can help you appeal the denial of your claim by preparing a comprehensive appeal.

How can I contest a VA decision?

VA provides three options to applicants who disagree with the decision. First the Senior Reviewer will review the same evidence to determine whether the original decision is likely to be changed due to a change of opinion or error. This is a good option for a person who doesn't have new evidence to present and can be completed within 125 days.

The second option is to file a Supplemental Claim. This is an appeal process where a veteran can add new evidence but it has to be relevant and new. It may also contain non-medical evidence such a lay statements (sworn statements of people who understand how your disability affects you). This appeal has to be filed within a year following a decision.

Another option is to make a formal appeal to the Board of veterans disability case Appeals. This is done by filing the VA Form 21-0958 and a Notice Of Disagreement. Once the appeal is filed, the regional office will draft a Statement of Case or SOC which will describe the laws and regulations that were used to make the decision, Veterans Disability Litigation along with a list of evidence that was examined and a description of why the decision was made as either favorable, unfavorable or indeterminate.

The final option is to appeal to a federal court in the event that the decision from the BVA is confirmed. This is the most difficult option and is costly, but it is the only way to get the best possible outcome for your client.

How much will a lawyer charge for an appeal?

A veteran disability lawyer can assist to clarify the appeals procedure. They will quickly determine what is missing from your claim to make it eligible to be reviewed and help you determine the best way to appeal a ruling. Analyzing the reasons for the denial, helping you in developing medical evidence to support your claim, and then presenting this evidence in a professional manner is all essential to the job.

If an order from a court requires that disabled veterans Disability Lawyers pay alimony or child maintenance and child maintenance, the veteran can't ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for violating a court's order.

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

Jim the veteran, who is 58 years old was struck by a stroke and caused him to be permanently disabled. He receives a pension from the VA and also SSI and Medicaid payments. Jim would like to know what the expected $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he needs to show that he has financial need to continue receiving the monthly pension payment but wonders what can be done to minimize the impact on his other sources of income.