Veterans Disability Litigation

A lawyer can assist veterans make an initial claim for disability or to contest the validity of a VA decision. Currently, lawyers are not permitted to charge for initial claims.

Monk claims that the VA denied benefits due to PTSD and the discharge was not favorable. The VA has a lengthy appeals process for making amends to any decision that is not favorable.

What Is an VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation offers a cash reward to pay for things such as medical care and housing assistance. Dependency and Indemnity Compensation offers a monetary payment to parents, spouses, and children of Service members who died on active duty or because of service-related injuries.

The easiest disability to prove is Tinnitus (ringing in the ear). This condition occurs when you hear a ringing, hissing buzzing or other sounds from the ear of one or both and is only heard by you, as opposed to others who also have it.

Sciatica is among the most common ailments. Sciatica can occur when a herniated disc or bone spur compresses your sciatic nerve. This nerve runs from your lower spine to your buttocks, hips and down your legs. 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 qualify. It is possible to experience recurring nightmares, extreme anxiety or depression, or uncontrollable thought about an incident that happened during your military service. You can get the PTSD rating you are entitled to by making a compelling claim and citing an event that happened during your service. A traumatizing brain injury is among the most simple condition to be eligible for and usually comes with an PTSD diagnosis.

How do I submit a claim for VA Disability?

There are several procedures to follow to make a claim. First, you must submit medical evidence, such as the opinion of a doctor 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 have a lawyer collect the medical evidence and submit it with your initial application so that the VA can process it faster.

The next step is to take a Compensation and Pension (C&P) examination. This will be performed by an official from the federal VA rater who will assess your physical and mental health to determine whether or not you are eligible for disability benefits. It is essential to have the required documentation prior to taking the test to maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has looked over your medical evidence and completed the examination you will receive the decision letter. It will contain an introduction, a decision of your disability classification and the specific amount, a list of the medical evidence they considered and a statement of any reasons they ruled against you in deciding.

Our firm can assist you with the appeals procedure if your claim was denied or you've received a rating which does not adequately compensate you for the symptoms you are experiencing. We can analyze the reasons for the reasons for your claim being denied and prepare a comprehensive and strategic appeal to settle the issue to your satisfaction.

How can I challenge a VA decision?

VA has three avenues to follow when a claimant disagrees with the decision. First a Senior Reviewer can examine the same evidence and determine if the original decision can change based on a difference of opinion or an error. This is an excellent option for a person who does not have any new evidence to present and can be completed within 125 days.

The other alternative is to make a Supplemental Claim. This is an appeal in which an individual with a disability can submit new evidence, but it has to be relevant and new. It can also include nonmedical evidence, like lay statements. These are sworn statements from people who are aware of how your disability affects. This appeal has to be filed within a year following a decision.

Another alternative is to make a formal appeal to the Board of Veterans Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. Once the appeal is filed the regional office will prepare a Statement of the Case or SOC which will describe the laws and regulations that were used to make the decision, along with a list of evidence considered and it will describe why the decision was made as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed in the end, the only alternative is to take the case to a federal appeals court. This is the most costly and difficult path, but it may 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 process. He or she will quickly identify what is lacking from your claim, making it eligible for review and help you determine the best way to appeal a decision. The task involves analyzing the reasons for denial, helping you develop medical evidence to support your case and presenting the evidence in a correct manner.

If an order from a court requires that disabled Veterans Disability Law Firms pay alimony or child maintenance, the veteran cannot ignore the order and continue to receive VA compensation benefits. This is a widely recognized law, and there are penalties in the event of a violation of an order of a court.

A recent settlement in a class-action lawsuit could be a huge victory for veterans disability lawyers suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans disability lawsuit who were previously denied disability benefits.

Jim is a 58-year old veteran who suffered a stroke that left him permanently disabled. He receives a pension from the VA, but also SSI and Medicaid payments. Jim wants to know how his expected $100,000 settlement will impact his eligibility for these benefits. Jim realizes that he needs to show that he has financial need to continue receiving the monthly Pension payment but wonders what can be done to minimize the impact on his other sources of income.