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Veterans Disability Litigation

A lawyer can help veterans file a first disability claim or contest the VA decision regarding the claim. Lawyers are currently not allowed to charge fees for initial claims.

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

What Is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is an income-based benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) offers a monetary benefit to parents, spouses, and children of deceased Service members in active duty or from their service-connected disabilities.

Tinnitus is the #1 most frequent ailment. It is a condition that can be experienced when you hear a ringing in your ears, hissing, buzzing sounds, or any other sounds however, you are unable to hear them.

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

Post Traumatic Stress (PTSD) is the third condition that is easy to be considered for. You may have frequent nightmares, extreme anxiety or depression, or an uncontrollable thoughts about an incident that happened during your military service. A convincing defense of the claim by citing the source of the stressor during your service may help you achieve the PTSD rating you merit. A traumatic brain injury is the 4th most common condition to qualify for and usually comes with the PTSD diagnosis.

How do I make a claim for a VA Disability?

There are a number of steps that must be taken to file a claim. First, you must submit medical evidence, including the opinion of a doctor and lab results, or the X-rays that prove your condition falls within VA's definition of disability. It is a good idea to have a lawyer gather the medical evidence and provide it as part of your initial application so that the VA can review it more easily.

You must then undergo an exam for Compensation and Pensions (C&P). A federal VA rater will administer the exam. They will examine your physical and mental health to determine whether you are eligible for disability benefits. It is crucial to have the proper documentation before undergoing this test to maximize your chances of receiving the benefits you deserve.

You will receive a decision letter after the C&P examiner has reviewed the medical evidence you submitted and has completed the exam. The letter will contain an introduction, a determination of your disability and the amount of your disability, a list and a an explanation of the medical evidence they considered as well as any reasons for their decision.

Our firm can assist in completing the appeals process if your claim was denied or you have received a rating which is not enough to compensate you for the issues you are experiencing. We can analyze the reasons for the reason your claim was denied and then prepare a thorough and strategic appeal to resolve the issue to your satisfaction.

How do I challenge a VA Decision?

VA offers three options to follow when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence over again and determine if the original decision could be modified based on difference of opinion or an error made. This option is available to claimants who don't have any new evidence to support their claim. The process can be completed within 125 days.

The other alternative is to submit an Supplemental Claim. This is an appeal in which veterans can provide new evidence, but it has to be relevant and new. It can also be accompanied by non-medical evidence such as lay statements (sworn statements from those who know how your disability affects you). This appeal has to be filed within one year following a decision.

Thirdly, you can make a formal complaint to the Board of veterans disability case Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the Case) once the appeal has been filed. It will list of evidence considered, as well as the regulations and laws used to reach the decision and the reasons behind why the decision was favorable, unfavorable or indeterminate.

If the BVA decision is upheld then the only option left is to appeal the decision to a federal appeals court. This is the most difficult option and is costly, but it is the only method to get a fair result for your client.

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

A skilled veteran disability attorney brings clarity to the appeals process. He or she will quickly identify what is lacking from your claim, making it eligible to be reviewed and help you determine the best way to appeal a decision. Analyzing the reasons for the decision, assisting you in creating medical evidence to support your claim, and then presenting this evidence in a professional manner are all essential to the job.

If the court orders disabled veterans disability lawsuit pay alimony or child maintenance, Veterans Disability Litigation the veteran cannot ignore the order and continue to receive VA compensation benefits. This is a well-known law, and there are penalties in the event of a violation of a court order.

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

Jim is a 58-year old veteran who suffered a stroke which left him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim would like to know if his $100,000 settlement will affect his eligibility for these benefits. Jim understands that he must show that he has financial need to continue receiving the monthly pension payment, but is wondering what can be done to reduce the effect on his other sources of income.