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Veterans Disability Litigation

A lawyer can help a veteran to submit an initial claim for disability or challenge the validity of a VA decision. At present, lawyers aren't permitted to charge for initial claims.

Monk claims that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA has an extensive appeals process to correct any erroneous decisions.

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 payment to pay for things such as housing and medical treatment. Dependency and Indemnity Compensation (DIC) provides an amount of money to parents, spouses and children of deceased Service members while on active duty, or due to their service-related disabilities.

Tinnitus is among the top most common veterans disability law. It is a symptom that can be experienced when you hear ringing in your ears, a hissing sound, buzzing sounds, or other sounds that you cannot hear them.

Sciatica is another of the easier conditions to be diagnosed with. Sciatica is a condition that occurs when a herniated disk or bone spur can compress the sciatic nerve. This nerve is located in your lower spine through your buttocks, hips, and down your legs. The buttocks and lower legs can be affected by discomfort and the numbness.

The third most straightforward condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience repeated nightmares, extreme anxiety or depression or uncontrollable thoughts about a specific event that happened in your military service. A strong statement in support of the claim accompanied by a stressor that occurred during your service can help you receive the PTSD rating you are entitled to. A traumatic head injury is the fourth condition that is easy to prove, and it usually comes with a PTSD diagnosis.

How do I file a VA Disability Claim?

There are many steps to be followed to start an claim. First, you must submit medical evidence, including an opinion from a doctor, lab results and the X-rays that prove your condition is in line with VA's definition of disability. It is often beneficial to have your lawyer collect and submit this medical evidence in the initial filing to ensure that it is easier to process by the VA.

Then, you must undergo an exam called Compensation and Pensions (C&P). A federal VA rater will administer this exam. They will evaluate your physical and emotional symptoms in order to determine if you're eligible for disability benefits. You must have all the required documentation in order to increase your chances of receiving benefits.

You will be issued a letter of decision when the C&P examiner has reviewed your medical evidence and finishes the exam. This letter will contain an introduction, the determination of your disability, the amount as well as a list and an explanation of the medical evidence that was considered, and any reasons for their decision.

If your claim is rejected or you receive an amount that does not pay for all the conditions you are suffering from, our company can help with the appeals process. We can assist you in appealing an appeal against a denial through the preparation of a comprehensive appeal.

What can I do to challenge a VA Decision?

VA offers three options for those who are dissatisfied with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence and determine whether the original decision could be modified due to a difference of opinion or an error that was made. This is a great option for a claimant that does not have new evidence to submit and it can be completed within the 125 days.

Then, you can 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 can also include nonmedical evidence, like lay statements. These are statements that are sworn by people who understand the way your disability affects. This type of appeal must be made within a year from the date of a decision.

Thirdly you can submit a formal complaint to the Board of veterans disability compensation Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the Case) after the appeal has been filed. It will list of evidence taken into account, the laws and regulations utilized to arrive at the decision and Veterans Disability Litigation the reasons behind why the decision was favorable, not favorable, Veterans Disability Litigation or indeterminate.

The last option is to appeal to a federal court if the decision from the BVA is upheld. This is the most difficult option and can be expensive but it is the only option to obtain the best possible outcome for your client.

How much will a lawyer charge for an appeal?

A veteran disability lawyer can help to clarify the appeals procedure. He or she can quickly determine what was lacking from your initial claim to allow it for review. He or she will assist you in deciding the best method to appeal a decision. The job entails analyzing the reasons for denial, assisting you in preparing medical evidence to support your case and presenting your evidence in a way that is appropriate.

If a court orders that a disabled veteran pay child maintenance or alimony, the veteran cannot ignore the order and continue receive VA compensation benefits. This is a well-known law and there are penalties for violating the order of a judge.

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

Jim the veteran, who is 58 years old was struck by a stroke and rendered him permanently disabled. He receives a pension from the VA and also SSI and Medicaid payments. Jim wants to know whether his $100,000 settlement will impact his ability to receive these benefits. Jim knows he has to prove that he's in need of the monthly Pension payment, but he's wondering what he can do to minimize the impact on his other income sources.