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Veterans Disability Litigation

A lawyer can assist a veteran to make an initial claim for disability benefits or contest an VA decision. However, current law prohibits lawyers from charging for assistance with 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 for making amends to any decision that is not favorable.

What is an VA Disability Claim (VAD)?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is an unpaid benefit that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation (DIC) provides an amount of money to parents, spouses, and children of deceased Service members while on active duty, or from their service-connected disabilities.

The most simple condition to be diagnosed with is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear hissing, ringing, buzzing or other sounds in the ear of one or both and is only heard by you, and not to others who also suffer from it.

Sciatica is among the most frequent conditions. Sciatica occurs when a herniated disc or bone spur puts pressure on your sciatic nerve. The sciatic nerve is located in your lower spine to your buttocks, hips and down your legs. The pain and numbness 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. This occurs when you experience constant nightmares, extreme anxiety or depression or uncontrollable thoughts about an incident that happened in your military service. A convincing defense of the claim using a stressor Veterans Disability Litigation that occurred during your service may help you receive the PTSD rating you are entitled to. A traumatic brain injury is the fourth most straightforward condition to qualify for and usually accompanies a PTSD diagnosis.

How do I apply for a VA veterans disability litigation Claim?

There are many steps that must be taken to submit an application. First, you must submit medical evidence such as a doctor's opinion and lab reports as well as Xrays to establish that your condition falls within the VA's definition of disability. It is usually beneficial to have a lawyer gather the medical evidence and then provide it as part of your initial application so that the VA can process it faster.

Then, you'll have to take the Compensation and Pension (C&P) exam. A federal VA rater will conduct the exam. They will evaluate your physical and mental health to determine whether you are eligible for disability benefits. It's crucial to have required documentation prior to taking the exam so that you can maximize your chances of obtaining the benefits you deserve.

You will receive a letter of determination when the C&P examiner has reviewed your medical evidence and passes the examination. The letter will include an introduction, a declaration of your disability classification and the exact amount, a list of the medical evidence they reviewed and a list of any reasons why they did not choose the decision.

Our firm can assist in completing the appeals process if your claim has been denied or you've received a rating which doesn't adequately compensate you for the symptoms you are experiencing. We can assess the reason for the denial and then prepare a thorough and strategic appeal to settle the issue in your favor.

What can I do to challenge a VA decision?

VA has three paths to choose from when a person is not happy with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence and decide if the original decision can be changed due to a difference of opinion or an error made. This is a possibility for Veterans Disability Litigation claimants who don't have any new evidence to present. The process can be completed in about 125 days.

The other option is to make an Supplemental Claim. This is an appeal in which a veteran can add new evidence, but it has to be original and relevant. It could also include non-medical evidence, like lay statements. These are statements that are sworn by people who understand the way your disability affects you. This appeal has to be filed within one year following the decision.

A third alternative is to make a formal appeal to the Board of veterans disability lawsuit Appeals. This is done by filing the VA Form 21-0958 and a Notice Of Disagreement. The regional office will draft an SOC (Statement of the case) once the appeal is filed. This will contain a list of evidence considered, the regulations and laws used to make the decision, and the reasons behind why the decision was favourable, unfavorable 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 and expensive option, but it could be the only way to get a fair result for your client.

How Much Will a Lawyer Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals procedure. They can quickly determine what was lacking from your initial claim to allow it for review and will assist you in deciding 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 proper way.

If a court decides that a disabled veteran must pay alimony or child support, the veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law and there are consequences for violating a court order.

A recent settlement in a class-action lawsuit could be a huge victory for veterans disability law suffering from PTSD. Medical News Today reports the settlement will result thousands of veterans disability legal who had previously been not eligible for disability benefits to receive lifetime benefits.

Jim is a 58-year veteran who suffered a stroke which left him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim is curious to know whether the $100,000 settlement will affect his eligibility to receive these benefits. Jim knows he has to prove that he is in need of the monthly pension payment, but he's not sure how he can reduce the impact on his other income sources.