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Veterans Disability Litigation

A lawyer can help a veteran to start a claim for disability benefits or contest an VA decision. However, the law currently prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk alleges that the VA denied his claim for benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure for correcting any unfavorable decisions.

What Is a VA Disability Claim?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation provides a cash benefit to pay for things like medical care and housing assistance. Dependency and Indemnity Compensation (DIC) provides financial assistance to spouses, children and parents of deceased Service members during active duty or from service-related disabilities.

Tinnitus is among the top most frequent ailment. It is a symptom that can be experienced when you hear sounds ringing in your ears, a hissing sound, buzzing sounds, or other sounds, but only you can hear them.

Sciatica is among the most frequently encountered conditions. It happens when an injury to the disk or bone spur causes compression of the sciatic nerve which runs from your lower back through your buttocks and hips, and down each leg. The lower and buttocks are susceptible to being affected by discomfort and numbness.

The 3rd most simple condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). It is possible to experience recurring nightmares, extreme anxiety or depression, or uncontrollable thoughts of an incident that took place during your military service. A strong statement in support of the claim with a stressor that occurred during your service may help you achieve the PTSD rating you are entitled to. Traumatic head injuries are the fourth condition that is easy to get a rating for, and it usually comes with a PTSD diagnosis.

How do I submit a claim for VA Disability?

There are several steps to be followed to submit an application. You must first submit medical evidence, including a doctor’s opinion, lab results and X-rays, to show that your condition is in line with VA's definition of disability. It is usually beneficial to have a lawyer gather the medical evidence and then submit it with your initial application so that the VA can review it more easily.

Then, you'll have to take a Compensation and Pension (C&P) examination. A federal VA rater will administer this exam. They will evaluate your physical and emotional symptoms to determine whether you are eligible for disability benefits. You should have all the required documentation to maximize your chances of obtaining benefits.

You will receive a decision letter when the C&P examiner has reviewed your medical evidence and passes the exam. This will contain an introduction, a declaration of your disability rating and specific amount, a listing of the medical evidence they reviewed and a statement of any reasons why they did not choose you when they made their decision.

Our firm can assist with the appeals procedure if your claim was 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 through the preparation of a comprehensive appeal.

How do I challenge a VA decision?

VA has three routes to follow when a claimant is not happy with the decision. First the Senior Reviewer will examine the same evidence and Veterans Disability Litigation determine whether the original decision could alter based on a divergence of opinion or error. This is a great alternative for a claimant who does not have any new evidence to show and it can be completed in 125 days.

Then, you can make an Supplemental Claim. This is an appeal where a veteran can add new evidence, but it has to be relevant and new. It may also contain non-medical evidence, such as lay statements. These are sworn statements by those who know how your disability affects you. This type of appeal must be filed within one year after a decision.

A third option is to submit a formal appeal to the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. After the appeal has been filed, the regional office will draft a Statement of Case or SOC that will outline the laws and regulations used to make the decision, a list of the evidence examined and a description of the reasons for the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed in the end, the only alternative is to appeal the decision to a federal appeal court. This is the most difficult option and may be costly, however it is the only method to get an appropriate outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A veteran disability lawyer can assist to clarify the appeals procedure. They can quickly identify what was missing from your initial claim in order to qualify it for review and will help you determine the best method to appeal the decision. The job entails analyzing the reasons behind refusal, helping you create medical evidence to prove your case, and presenting the evidence in a professional manner.

If the court orders that disabled veterans disability attorney pay alimony or child maintenance and child maintenance, the veteran can't ignore this order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for ignoring a court's order.

A recent settlement in a class action lawsuit could be a significant victory for veterans disability lawyers with PTSD. Medical News Today reports the settlement will result thousands of veterans disability lawyers who previously had to be denied disability benefits, receiving lifetime benefits.

Jim is a veteran of 58 years who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will affect his ability to claim these benefits. Jim realizes that he has to show that he is in need of the monthly pension payment, but he wonders how he could minimize the impact on his other income sources.