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Veterans Disability Litigation

Lawyers can assist a veteran file an initial disability claim or contest a VA decision on the claim. Currently, lawyers are not allowed to charge for the initial claims.

Monk claims that the VA refused to grant him benefits due to PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure to rectify any erroneous decisions.

What is what is a VA Disability Claim (VAD)?

A VA disability claim is a request for tax-free monthly benefits. Compensation is a cash benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation offers the spouses, parents and children of Service members who have died on active duty or because of disabilities related to service.

The most simple condition to claim is Tinnitus (ringing in the ear). This condition occurs when you hear ringing, hissing, buzzing, or other sounds in either or both ears. It can only be heard by you, and not to other people who have it.

Sciatica is one of the conditions that is easier to diagnose. Sciatica can occur when a herniated disc bone spur can compress the sciatic nerve. The sciatic nerve runs from the lower part of your spine through your buttocks, hips, and down your legs. Numbness and pain are felt in the buttocks and lower legs as well as the feet, and can be very severe.

The 3rd most simple condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This occurs when you experience constant nightmares, extreme anxiety or depression or uncontrollable thoughts about an incident that occurred during your military service. A strong statement in support of the claim with the stressor that occurred during your service can help you achieve the PTSD rating you are entitled to. A traumatizing brain injury is among the 4th most common condition to be considered for and Veterans Disability Litigation usually accompanies a PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are several steps to be followed to file a claim. First, you must provide medical evidence, such as medical opinions or lab reports, X-rays and lab reports to prove that your condition meets the VA's definition of disability. It is often helpful to get a lawyer to gather the medical evidence and provide it as part of your initial application, so that the VA can review it faster.

You then need to go through an exam for Compensation and Pensions (C&P). This is conducted by a federal VA rater who will review your physical and psychological symptoms to determine whether or not you qualify for disability benefits. You must have all the documentation required to increase your chances of obtaining benefits.

After the C&P examiner has looked over the medical evidence you submitted and has completed the exam you will receive the decision letter. This will contain an introduction, a declaration of your veterans disability lawsuit rating as well as a the specific amount, a list of the medical evidence they considered and a statement of any reasons they decided against you in making their decision.

If your claim is rejected or you are awarded a rating that doesn't compensate you for all of the symptoms that you are suffering from, our firm can help with the appeals process. We can determine the reasons behind the reasons for your claim being denied and craft a comprehensive and strategic appeal to settle the matter in your favor.

How do I challenge a VA Decision?

VA provides three options to claimants who disagree with the decision. First an Senior Reviewer will examine the same evidence and determine whether the original decision could change based on a difference of opinion or omission. This is a viable option for a claimant that has no new evidence to provide and can be completed within the 125 days.

The second alternative is to file an Supplemental Claim. This is an appeal process where the veteran can present new evidence, however it must be to be new and relevant. It can also include non-medical evidence, such as lay statements (sworn declarations from people who understand how your condition affects you). This type of appeal should be made within a year following the decision.

Thirdly, you can make a formal complaint to the Board of veterans disability lawyers Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will draft an Statement of the Case or SOC which will describe the laws and regulations utilized in determining the decision, and a list of the evidence considered and it will describe the reasons behind the decision as either favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court if the decision from the BVA is upheld. This is the most challenging 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 Appeals?

A veteran disability lawyer can help to clarify the appeals procedure. They'll quickly determine what is missing from your claim, making it eligible to be reviewed and help you decide on the best method to appeal a ruling. The job entails analyzing the reasons behind refusal, helping you create medical evidence to support your claim and Veterans Disability Litigation presenting the evidence in a professional manner.

If the court orders disabled veterans disability attorneys pay child maintenance or alimony and child maintenance, the veteran can't ignore this order and continue to receive VA compensation benefits. This is a widely-recognized law and carries a penalty in the event of a violation of a court order.

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 result in lifetime benefits for thousands of veterans disability law previously denied disability benefits.

Jim is a 58-year veteran who had a stroke which left him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim wants to know whether 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 he is wondering what can be done to minimize the impact on other sources of income.