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Veterans Disability Litigation

A lawyer can assist a veteran to file an initial claim for disability benefits or contest an VA decision. Currently, lawyers are not permitted to charge for initial claims.

Monk alleges that the VA denied his claim for benefits in the context of PTSD and an unfavorable discharge. The VA offers a comprehensive appeals process to correct any erroneous determinations.

What is a VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash benefit to pay for things such as housing assistance and medical care. Dependency and Indemnity Compensation (DIC) provides the spouses, children and parents of service members who have died during active duty or through service-related injuries.

Tinnitus is the #1 most commonly reported condition. This is a symptom that is triggered when you hear a ringing in your ears, hissing or buzzing sounds, or other sounds, but only you can hear them.

Sciatica is one of the conditions that is easier to qualify for. Sciatica is a condition that occurs when a herniated disc or bone spur can compress your sciatic nerve. This nerve runs from your lower spine, through your buttocks, hips, and down your legs. 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 considered for. You may experience recurring nightmares, extreme anxiety or depression, or uncontrollable thought about an event that occurred during your military service. You can earn the PTSD rating that you deserve by making a convincing claim and citing an event that occurred during your military service. A traumatic head injury is the fourth condition that is easy 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'll need to go through some steps. You must first provide medical evidence, including an opinion from a doctor and lab results as well as X-rays, to prove that your condition falls within VA's definition of disability. It is usually beneficial to have a lawyer gather this medical evidence and submit it as part of your initial application so that the VA can review it more easily.

Next, you must undergo another Compensation and Pension (C&P) examination. A federal VA rater will perform the exam. They will examine your symptoms and physical condition to determine whether you are eligible for disability benefits. It is essential to have the proper documentation before undergoing this test to maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has looked over your medical evidence and completed the examination and analyzed your medical evidence, you will receive an official decision letter. The letter will include an introduction, a statement of your disability rating as well as a the specific amount, a list of the medical evidence they reviewed and a brief description of any reasons they decided against you when they made their decision.

If your claim is rejected or you receive a rating that does not compensate you for all of the ailments you are suffering from, our firm can assist you in appealing the decision. We will determine the reason for the reason for the denial and craft a comprehensive and strategic appeal to settle the issue in your favor.

What can I do to challenge a VA Decision?

VA has three routes to follow when a claimant is not happy with a decision. First, a Senior Reviewer will review the same evidence and determine whether the initial decision could be changed due to a change of opinion or exclusion. This is an option for those who don't have new evidence to support their claim. It can be completed in one hundred and fifty days.

The second option is to make an Supplemental Claim. This is an appeal in which an individual with a disability can submit new evidence but it has to be fresh and relevant. It can also include non-medical evidence such a lay statements (sworn declarations from people who understand how your disability affects you). This type of appeal must be filed within one year following the decision.

Another option is to make a formal appeal to the Board of veterans disability lawyers Appeals. This is done by filing a VA Form 21-0958 and a Notice Of Disagreement. After the appeal has been filed, the regional office will draft a Statement of Case or SOC which will detail the laws and regulations that were used to make the decision, a list of the evidence considered and it will describe the reasons behind the decision as either favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court if the decision of the BVA is confirmed. This is the most difficult option and may be costly, however it could be the only way to ensure a fair result for your client.

What is the average amount a lawyer can charge for an appeal?

A skilled veteran disability lawyer will help you understand the appeals process. They'll quickly identify what is lacking from your claim, making it eligible for review and help you decide on the best way to appeal a ruling. The job entails analyzing the reasons behind denial, helping you develop medical evidence to support your case, and presenting the evidence in a proper way.

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

A recent settlement in a class-action lawsuit could be a major victory for veterans disability legal with PTSD. Medical News Today reports the settlement will allow thousands of veterans disability claim who were previously denied disability benefits from receiving lifetime benefits.

Jim the veteran, who is 58 years old had a stroke that caused him to be permanently disabled. He has a Pension benefit from the VA but also receives SSI and Veterans Disability Litigation Medicaid payments. Jim would like to know if his $100,000 settlement will impact his ability to receive these benefits. Jim realizes that he needs to demonstrate that he is financially in need to continue receiving the monthly Pension payment, but he is wondering what can be done to minimize the effect on his other sources of income.