veterans disability law Firms Disability Litigation

A lawyer can help veterans disability law firms start a claim for disability or to contest a VA decision. However, the law currently prohibits lawyers from charging fees for assistance in filing an initial claim.

Monk alleges that the VA denied his claim to benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure for making amends to any decision that is not favorable.

What is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is a cash benefit to cover things like housing and medical treatment. Dependency and Indemnity Compensation provides an amount of money to spouses, parents and children of service members who have died while on active duty or due to disability related to service.

Tinnitus is the #1 most commonly reported condition. This is a sign that occurs when you hear ringing in your ears, hissing or buzzing sounds, or any other sounds however, you are unable to hear them.

Sciatica is one of the more common conditions. It happens when a herniated disc or bone spur can compress the sciatic nerve which runs from your lower back through your buttocks and hips, and down each leg. The buttocks and lower legs can be affected by pain and numbness.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be able to qualify for. You may have frequent nightmares or extreme anxiety depression, or an uncontrollable thoughts about an incident that occurred during your military service. A strong statement in support of the claim by citing the source of the stressor in the course of service can help get the PTSD rating you deserve. A traumatizing brain injury is the 4th most common condition to qualify for and usually accompanies a PTSD diagnosis.

How do I file a claim for VA Disability?

To file a claim you need to follow certain steps. You must first present medical evidence, including the opinion of a doctor, lab results and X-rays, to show that your condition meets VA’s definition of disability. It is a good idea to have a lawyer collect this evidence medically and include it in your initial application, so that the VA can review it faster.

Next, you must undergo a Compensation and Pension (C&P) test. A federal VA rater will take this exam. They will evaluate your symptoms and physical condition to determine if you're eligible for disability benefits. It's important to have the proper documentation before undergoing this exam to maximize your chances of obtaining the benefits you deserve.

You will receive a letter of decision when the C&P examiner reviews your medical evidence and passes the exam. It will contain an introduction, a declaration of your disability rating and specific amount, a list of the medical evidence they reviewed and a brief description of any reasons they ruled against you in deciding.

If your claim is rejected or you are awarded a rating that does not compensate you for all of the issues you suffer from, our firm will help with the appeals process. We can assist you in appealing the denial of your claim by preparing an extensive appeal.

How can I challenge a VA Decision?

VA provides three options to claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence again and determine whether the original decision is due to a difference of opinion or an error that was made. This option is available to those who do not have new evidence to present. It can be completed in the 125 days.

Second, you can file an Supplemental Claim. This is an appeal where veterans can provide new evidence, however it must be to be original and relevant. It can also include nonmedical evidence, such as lay statements. These are statements that are sworn by people who understand the way your disability affects. This type of appeal must be submitted within one year from the date of a decision.

Thirdly you can make a formal complaint 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 an Statement of the Case or SOC that will outline the laws and regulations that were used to make the decision, a list of the evidence considered, and it will also explain 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 expensive and difficult route, but it might be the only way to obtain a fair decision for your client.

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

A veteran disability lawyer can help to clarify the appeals procedure. He or she will quickly determine what is missing from your claim, making it eligible for review and assist you in deciding the best way to appeal a decision. Scrutinizing the reasons for the decision, assisting you in developing medical evidence to support your claim, and presenting your evidence in a proper manner is all part of the job.

If the court orders a disabled veteran pay alimony or child maintenance, the veteran cannot ignore this order and continue receive VA compensation benefits. It is a widely accepted law and carries a penalty when you do not comply with the order of a judge.

A recent settlement in a class-action lawsuit could be a huge victory for veterans with PTSD. Medical News Today reports the settlement will allow thousands of veterans disability attorney who were previously denied disability benefits from receiving lifetime benefits.

Jim is a 58-year old veteran who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim is interested in knowing whether his $100,000 settlement will affect his eligibility for these benefits. Jim recognizes that he must prove that he has the financial need to continue receiving the monthly pension payment, but he wonders what could be done to minimize the impact on his other sources of income.