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Veterans Disability Litigation

A lawyer can help veterans disability attorneys make an initial claim for disability or challenge the validity of a VA decision. However, current law prohibits lawyers from charging for assistance in filing an initial claim.

Monk claims that the VA denied him benefits based on PTSD and the discharge was not favorable. The VA has an extensive appeals process to correct any unfavorable determinations.

What is an VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash benefit to cover expenses such as housing and medical treatment. Dependency and Indemnity Compensation (DIC) provides the spouses, children and parents of service members who have died while on active duty, or from their service-connected disabilities.

Tinnitus is by far the most frequently reported disorder. It is a condition that can be experienced when you hear a ringing in your ears, hissing or buzzing sounds, or other sounds that you cannot hear them.

Sciatica is one of the most frequent conditions. It happens when a herniated disk or bone spur compresses the sciatic nerve, which runs from your lower back to your hips and buttocks and down each leg. 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 straightforward condition to qualify. There are times when you experience frequent nightmares, extreme anxiety, Veterans Disability Litigation depression, or uncontrollable thoughts about an incident that happened during your military service. A convincing proof of the claim with a stressor that occurred during service can help you get the PTSD rating you are entitled to. A traumatic brain injury is the most simple condition to be eligible for and is usually associated with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

In order to file a claim, you'll need to follow a few steps. You must first present medical evidence, like an opinion from a doctor and lab results as well as X-rays, to show that your condition falls within VA's definition of disability. It is often helpful for a lawyer to collect this evidence medically and submit it with your initial application, so that the VA will be able to process it faster.

Then, you'll have to take another Compensation and Pension (C&P) exam. This is conducted by an official from the federal VA rater who will review your physical and mental health to determine whether or not you are eligible for disability benefits. You must have all the required documentation to maximize your chances of receiving benefits.

You will receive a letter of determination after the C&P examiner has reviewed your medical evidence and passes the examination. It will contain an introduction, a decision of your disability status and the exact amount, a list of the medical evidence they considered and a list of any reasons why they decided against the decision.

Our firm can help you with the appeals procedure if your claim has been denied or you've received a rating that does not adequately compensate you for the ailments you're experiencing. We can help you appeal a denial of your claim by preparing an extensive appeal.

How can I challenge a VA Decision?

VA offers three options for claimants who disagree with a decision. First, a Senior Reviewer will look over the same evidence and determine if the original decision can be changed due to a change of opinion or an absence. This is a good option for a person who does not have new evidence to show and can be completed within one hundred and fifty days.

The second option is to file a Supplemental Claim. It is an appeal in which veterans disability litigation can add new evidence, but it has to be new and relevant. It can also be accompanied by non-medical evidence such as lay statements (sworn declarations from people who understand how your disability affects you). This appeal has to be filed within a year following the decision.

Another option is to make a formal appeal to the Board of Veterans Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. Once the appeal has been 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, a list of evidence considered and it will describe 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 case to a federal appeals court. This is the most costly and time-consuming option, but it could be the only option to get a fair outcome for your client.

What is the cost a lawyer will charge for an appeal?

A skilled veteran disability lawyer will help you understand the appeals process. He or she will quickly determine what was lacking from your initial claim to allow it for review and will help you decide the best method to appeal an appeal. Examining the reasons behind the denial, helping you in making medical evidence to back your claim, and presenting the evidence in a proper manner is all aspects of the job.

If the court orders disabled veterans pay alimony or child maintenance, the veteran cannot ignore the order and continue receive VA compensation benefits. This is a widely-recognized law and there are consequences if you violate the court order.

A recent settlement of a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports the settlement will allow thousands of veterans disability attorney who were previously denied disability benefits, receiving lifetime benefits.

Jim, a 58-year-old veteran, suffered an stroke that rendered him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim wants to know how the anticipated $100,000 settlement will affect his ability to claim these benefits. Jim is aware that he must to prove that he is in need of the monthly pension payment, but he is wondering how he could minimize the impact on his other income sources.