Veterans Disability Litigation

A lawyer can help a veteran to file an initial claim for disability benefits or challenge a VA decision. However, the law currently prohibits lawyers from charging fees for assistance in filing an initial claim.

Monk claims that the VA denied benefits due to PTSD and the discharge was not favorable. The VA offers a comprehensive appeals procedure to rectify any erroneous determinations.

What is an VA Disability Claim (VAD)?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is cash benefits that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation offers an amount of money to parents, spouses, and children of Service members who have passed away on active duty or because of service-related injuries.

The most straightforward condition to claim is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear ringing, hissing, buzzing, or other sounds in the ear of one or both and is only heard by you, as opposed to those who have it.

Sciatica is one of the most frequently encountered conditions. Sciatica happens when a herniated disc bone spur causes compression of your sciatic nerve. This nerve runs from your lower spine to your buttocks, hips, and down your legs. The lower legs and Veterans Disability buttocks are susceptible to being affected by discomfort and the sensation of numbness.

The 3rd most simple condition to be eligible for is Post Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience constant nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about a specific event that took place during your military service. You can achieve the PTSD rating you deserve by making a convincing claim and citing a stressful event that occurred during your military service. A head injury that is traumatic is the fourth condition that is easy to be considered for, and it usually comes with an PTSD diagnosis.

How Do I File a claim for VA Disability?

There are a variety of steps that must be taken to start an claim. First, you need to submit medical evidence, such as the opinion of a doctor and lab reports as well as Xrays to establish that your condition is within the VA's definition of disability. It's often helpful to have your lawyer gather and submit this evidence in the initial filing so that it can be more easily processed by the VA.

Next, you must undergo a Compensation and Pension (C&P) examination. This is conducted by an official from the federal VA rater who will examine your physical and mental health to determine if you are eligible for disability benefits. You must have all the necessary documentation in order to maximize your chances of receiving benefits.

After the C&P examiner has reviewed the medical evidence you submitted and has completed the examination, you will receive a decision letter. It will include an introduction, a statement of your disability status and specific amount, a listing of the medical evidence they considered and a description of the reasons they ruled against you in making their decision.

If your claim is denied or you are awarded a rating that does not compensate you for all of the symptoms that you suffer from, our firm can help with the appeals process. We will determine the reason for the reason for the denial and then prepare a thorough and strategic appeal to settle the issue to your satisfaction.

How can I challenge a VA decision?

VA has three paths to take when a claimant disagrees with the decision. First the Senior Reviewer will look over the same evidence and determine whether the original decision is likely to alter based on a divergence of opinion or error. This is a viable option for a person who has no new evidence to submit and can be completed in the 125 days.

The second alternative is to make an Supplemental Claim. This is an appeal in which the veteran can present new evidence but it has to be new and relevant. It can also include nonmedical evidence, such as lay statements. These are sworn statements from people who are aware of how your disability affects. This type of appeal must be filed within a year following the decision.

A third option is to submit a formal appeal to the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed the regional office will draft a Statement of Case or SOC which will identify what laws and regulations were used to reach the decision, along with a list of the evidence taken into consideration and will explain the reasons behind the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is upheld and the BVA decision is upheld, the last option is to appeal the case to a federal appeals court. This is the most expensive and difficult 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 appeals?

A skilled veteran disability attorney brings clarity to the appeals process. He or she can quickly determine what is missing from your initial claim in order to qualify it for review. He or she will help you decide the best method to appeal a decision. Analyzing the reasons for the rejection, and assisting you with developing medical evidence to support your claim, and presenting your evidence in a way that is appropriate are all necessary steps.

If the 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 carries a penalty in the event of a violation of the order of a judge.

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

Jim is a 58 year veteran who had a stroke that left him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim is interested in knowing how the anticipated $100,000 settlement will impact his eligibility for these benefits. Jim realizes that he has to prove that he is in need of the monthly Pension payment, but he's not sure how he could minimize the impact on his other income sources.