공지사항

Veterans Disability Litigation

A lawyer can assist veterans disability attorneys file a first disability claim or challenge an VA decision on the claim. However, the law currently prohibits lawyers from charging for assistance with an initial claim.

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

What is an VA Disability Claim (VAD)?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is a cash benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation offers an amount of money to spouses, parents and children of service members who have passed away on active duty or because of service-related injuries.

Tinnitus is among the top most commonly reported condition. This is a symptom that occurs when you hear ringing, hissing, buzzing, or other sounds coming from either or both ears. It is only heard by you, in contrast to others who also suffer from it.

Sciatica is among the more common conditions. Sciatica is a condition that occurs when a herniated disc or bone spur compresses your sciatic nerve. This nerve runs from your lower spine to your buttocks, hips and down your legs. Numbness and pain are felt in the buttocks, lower leg and feet and can be severe.

Post Traumatic Stress (PTSD) is the third easiest condition to qualify. It is a condition that occurs when you experience repeated nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an event that took place during your military service. A convincing defense of the claim by citing the source of the stressor during service can help you to get the PTSD rating you merit. A traumatizing brain injury is among the most simple condition to be considered for and usually comes with the PTSD diagnosis.

How Do I File a claim for VA Disability?

There are a variety of procedures to follow to file an application. You must first submit medical evidence, including a doctor’s opinion or lab results, as well as the X-rays that prove your condition meets VA’s definition of disability. It is generally beneficial for a lawyer to collect the medical evidence and include it in your initial application, so that the VA will be able to process it faster.

Then, you have to pass a Compensation and Pension (C&P) exam. It will be administered by an official from the federal VA rater who will review your physical and Veterans Disability Litigation medical conditions to determine whether or not you qualify for disability benefits. It is essential to have the appropriate documentation prior to taking this test to maximize your chances of obtaining the benefits you deserve.

You will be issued a letter of decision when the C&P examiner has reviewed the medical evidence you submitted and has completed the examination. This will contain an introduction, a determination of your disability rating as well as a the specific amount, a list of the medical evidence they reviewed and a description of the reasons why they did not choose the decision.

Our firm can help you with the appeals procedure if your claim was rejected or if you've received a rating that doesn't adequately compensate you for the conditions you are experiencing. We will determine the reason for the reasons for your claim being denied and craft a comprehensive and strategic appeal to resolve the matter in your favor.

How do I challenge a VA decision?

VA offers three options for applicants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence and decide if the original decision is valid in light of a disagreement or an error made. This option is available to those who don't have new evidence to support their claim. It can be completed within 125 days.

You can also make an Supplemental Claim. This is an appeal in which an individual with a veterans disability attorney can submit new evidence but it has to be fresh and relevant. It can also include non-medical evidence, such as lay statements (sworn statements of people who understand how your condition affects you). This type of appeal must be filed within one year after a decision.

Thirdly, you can file a formal complaint with the Board of veterans disability claim Appeals. This is done by filing a VA Form 21-0958, a Notice of Disagreement. Once the appeal is filed the regional office will prepare a Statement of the Case or SOC which will detail the laws and regulations utilized in determining the decision, and a list of evidence that was examined and a description of the reasons behind the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed, the final option is to appeal the decision to a federal appeals court. This is the most costly and time-consuming route, but it might be the only way to get a fair outcome for your client.

How much will a lawyer Charge for appeals?

A veteran disability lawyer can assist to clarify the appeals process. They'll quickly identify what is lacking from your claim to make it eligible to be reviewed and help you determine the best method to appeal a decision. The task involves analyzing the reasons for denial, assisting you in preparing medical evidence to support your claim and presenting the evidence in a professional manner.

If a judge decides that a disabled veteran must pay alimony, alimony that was ordered by a court, or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a well-known law and there are penalties in the event of a violation of the court order.

A recent settlement in a class action lawsuit could be a significant victory for veterans disability lawyer suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans disability lawyers who were previously denied disability benefits.

Jim is a 58 year veteran who suffered a stroke which left him permanently disabled. He is a pensioner from the VA, but also SSI and Medicaid payments. Jim is interested in knowing what the expected $100,000 settlement will impact his eligibility for these benefits. Jim is aware that he must to prove that he's in need of the monthly pension payment, but he wonders how he can minimize the impact on his other income sources.